Senate
Study
Bill
1130
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
COMMERCE/INSURANCE
DIVISION
BILL)
A
BILL
FOR
An
Act
relating
to
various
matters
under
the
purview
of
1
the
insurance
division
of
the
department
of
commerce,
2
providing
fees,
making
an
appropriation,
and
resolving
3
inconsistencies.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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H.F.
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DIVISION
I
1
UNIFORM
SECURITIES
2
Section
1.
Section
502.304A,
subsection
3,
paragraph
g,
3
Code
2021,
is
amended
to
read
as
follows:
4
g.
The
issuer
must
pay
to
the
administrator
a
fee
of
one
5
hundred
dollars
established
by
the
administrator
by
rule
and
6
is
not
required
to
pay
the
filing
fee
set
forth
in
section
7
502.305,
subsection
2
.
8
Sec.
2.
Section
502.304A,
subsection
5,
Code
2021,
is
9
amended
to
read
as
follows:
10
5.
Agent
registration.
In
connection
with
an
offering
11
registered
under
this
section
,
a
person
may
be
registered
as
12
an
agent
of
the
issuer
under
section
502.402
by
the
filing
of
13
an
application
by
the
issuer
with
the
administrator
for
the
14
registration
of
the
person
as
an
agent
of
the
issuer
and
the
15
paying
of
a
fee
of
ten
dollars
established
by
the
administrator
16
by
rule
.
Notwithstanding
any
other
provision
of
this
chapter
,
17
the
registration
of
the
agent
shall
be
effective
until
18
withdrawn
by
the
issuer
or
until
the
securities
registered
19
pursuant
to
the
registration
statement
have
all
been
sold,
20
whichever
occurs
first.
The
registration
of
an
agent
shall
21
become
effective
when
ordered
by
the
administrator
or
on
the
22
fifth
business
day
after
the
agent’s
application
has
been
23
filed
with
the
administrator,
whichever
occurs
first,
and
the
24
administrator
shall
not
impose
further
conditions
upon
the
25
registration
of
the
agent.
However,
the
administrator
may
26
deny,
revoke,
suspend,
or
withdraw
the
registration
of
the
27
agent
at
any
time
as
provided
in
section
502.412
.
An
agent
28
registered
solely
pursuant
to
this
section
is
entitled
to
sell
29
only
securities
registered
under
this
section
.
30
Sec.
3.
Section
502.321G,
Code
2021,
is
amended
to
read
as
31
follows:
32
502.321G
Fees.
33
The
administrator
shall
charge
a
nonrefundable
filing
fee
of
34
two
hundred
fifty
dollars
established
by
the
administrator
by
35
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rule
for
a
registration
statement
filed
by
an
offeror.
The
fee
1
shall
be
deposited
as
provided
in
section
505.7
.
2
Sec.
4.
Section
502.410,
Code
2021,
is
amended
to
read
as
3
follows:
4
502.410
Filing
fees.
5
1.
Broker-dealers.
A
person
shall
pay
a
fee
of
two
hundred
6
dollars
established
by
the
administrator
by
rule
when
initially
7
filing
an
application
for
registration
as
a
broker-dealer
8
and
a
fee
of
two
hundred
dollars
when
filing
a
renewal
of
9
registration
as
a
broker-dealer.
If
the
filing
results
in
a
10
denial
or
withdrawal,
the
administrator
shall
retain
the
fee.
11
2.
Agents.
The
fee
for
an
individual
is
forty
dollars
12
when
filing
an
application
for
registration
as
an
agent,
a
13
fee
of
forty
dollars
when
filing
a
renewal
of
registration
14
as
an
agent,
and
a
fee
of
forty
dollars
when
or
filing
for
a
15
change
of
registration
as
an
agent
shall
be
established
by
the
16
administrator
by
rule
.
Of
each
forty-dollar
fee
collected,
ten
17
dollars
twenty-five
percent
is
appropriated
to
the
securities
18
investor
education
and
financial
literacy
training
fund
19
established
under
section
502.601,
subsection
5
.
If
the
filing
20
results
in
a
denial
or
withdrawal,
the
administrator
shall
21
retain
the
fee.
22
3.
Investment
advisers.
A
person
shall
pay
a
fee
of
one
23
hundred
dollars
established
by
the
administrator
by
rule
when
24
filing
an
application
for
registration
as
an
investment
adviser
25
and
a
fee
of
one
hundred
dollars
when
filing
a
renewal
of
26
registration
as
an
investment
adviser.
If
the
filing
results
27
in
a
denial
or
withdrawal,
the
administrator
shall
retain
the
28
fee.
29
4.
Investment
adviser
representatives.
30
a.
The
fee
for
an
individual
is
thirty
dollars
when
filing
31
an
application
for
registration
as
an
investment
adviser
32
representative,
a
fee
of
thirty
dollars
when
filing
a
renewal
33
of
registration
as
an
investment
adviser
representative,
and
a
34
fee
of
thirty
dollars
or
when
filing
a
change
of
registration
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as
an
investment
adviser
representative
shall
be
the
amount
1
established
by
the
administrator
by
rule
.
If
the
filing
2
results
in
a
denial
or
withdrawal,
the
administrator
shall
3
retain
the
fee.
4
b.
However,
an
An
investment
adviser
representative
is
shall
5
not
be
required
to
pay
a
filing
fee
if
the
investment
adviser
6
is
a
sole
proprietorship
or
the
substantial
equivalent
,
and
the
7
investment
adviser
representative
is
the
same
individual
as
the
8
investment
adviser.
9
5.
Federal
covered
investment
advisers.
A
federal
covered
10
investment
adviser
required
to
file
a
notice
under
section
11
502.405
shall
pay
an
initial
fee
of
one
hundred
dollars
and
12
an
annual
notice
fee
of
one
hundred
dollars
in
an
amount
13
established
by
the
administrator
by
rule
.
14
6.
Payment.
A
person
required
to
pay
a
filing
or
notice
15
fee
under
this
section
may
transmit
the
fee
through
or
to
a
16
designee
as
a
permitted
by
the
administrator
by
rule
or
by
17
order
provides
issued
by
the
administrator
under
this
chapter
.
18
7.
Deposit
of
fees.
Except
as
otherwise
provided
in
19
subsection
2
,
fees
collected
under
this
section
shall
be
20
deposited
as
provided
in
section
505.7
.
21
DIVISION
II
22
INSURANCE
23
Sec.
5.
Section
505.30,
subsection
2,
Code
2021,
is
amended
24
to
read
as
follows:
25
2.
The
commissioner
may
collect
a
reasonable
fee
,
26
established
by
the
commissioner
by
rule,
each
time
service
of
27
process
is
made
on
the
commissioner
as
set
forth
in
subsection
28
1
or
as
otherwise
allowed
by
law.
A
fee
collected
by
the
29
commissioner
under
this
subsection
shall
be
used
and
is
30
appropriated
to
the
insurance
division
to
offset
the
costs
31
of
the
commissioner
acting
as
agent
or
attorney
for
service
32
of
process.
The
party
to
a
proceeding
requesting
service
of
33
process
is
entitled
to
recover
the
fee
paid
pursuant
to
this
34
subsection
and
any
rules
adopted
under
this
section
as
costs
if
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the
party
prevails
in
the
proceeding.
1
Sec.
6.
Section
507A.4,
subsection
9,
Code
2021,
is
amended
2
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
3
following:
4
9.
Transactions
involving
a
multiple
employer
welfare
5
arrangement
as
defined
in
section
3
of
the
federal
Employee
6
Retirement
Income
Security
Act
of
1974,
29
U.S.C.
§1002,
7
paragraph
40,
or
a
multiple
employer
welfare
arrangement
formed
8
as
an
association
health
plan
pursuant
to
29
C.F.R.
pt.
2510
9
that
complies
with
chapter
513D.
10
Sec.
7.
Section
507B.7,
Code
2021,
is
amended
to
read
as
11
follows:
12
507B.7
Cease
and
desist
orders
Orders
and
penalties.
13
1.
If,
after
hearing,
the
commissioner
determines
that
a
14
person
has
engaged
in
an
unfair
method
of
competition
or
an
15
unfair
or
deceptive
act
or
practice,
the
commissioner
shall
16
reduce
the
findings
to
writing
and
shall
issue
and
cause
to
17
be
served
upon
the
person
charged
with
the
violation
a
copy
18
of
such
findings,
an
order
requiring
such
person
to
cease
19
and
desist
from
engaging
in
such
method
of
competition,
act,
20
or
practice,
and
the
commissioner
may
at
the
commissioner’s
21
discretion
order
any
one
or
more
of
the
following:
22
a.
Payment
of
a
civil
penalty
of
not
more
than
one
thousand
23
dollars
for
each
act
or
violation
of
this
subtitle,
but
not
24
to
exceed
an
aggregate
of
ten
thousand
dollars,
unless
the
25
person
knew
or
reasonably
should
have
known
the
person
was
in
26
violation
of
this
subtitle,
in
which
case
the
penalty
shall
be
27
not
more
than
five
thousand
dollars
for
each
act
or
violation,
28
but
not
to
exceed
an
aggregate
penalty
of
fifty
thousand
29
dollars
in
any
one
six-month
period.
If
the
commissioner
finds
30
that
a
violation
of
this
subtitle
was
directed,
encouraged,
31
condoned,
ignored,
or
ratified
by
the
employer
of
the
person
or
32
by
an
insurer,
the
commissioner
shall
also
assess
a
penalty
to
33
the
employer
or
insurer.
34
b.
Suspension
or
revocation
of
the
license
of
a
person
as
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defined
in
section
507B.2,
subsection
1
,
if
the
person
knew
or
1
reasonably
should
have
known
the
person
was
in
violation
of
2
this
subtitle.
3
c.
Payment
of
interest
at
the
rate
of
ten
percent
per
4
annum
if
the
commissioner
finds
that
the
insurer
failed
to
5
pay
interest
as
required
under
section
507B.4,
subsection
3
,
6
paragraph
“p”
.
7
2.
Until
the
expiration
of
the
time
allowed
under
section
8
507B.8
for
filing
a
petition
for
review
if
no
such
petition
has
9
been
duly
filed
within
such
time,
or,
if
a
petition
for
review
10
has
been
filed
within
such
time,
then
until
the
transcript
of
11
the
record
in
the
proceeding
has
been
filed
in
the
district
12
court,
the
commissioner
may
at
any
time,
upon
such
notice
and
13
in
such
manner
as
the
commissioner
may
deem
proper,
modify
14
or
set
aside
in
whole
or
in
part
any
order
issued
by
the
15
commissioner
under
this
section
.
16
3.
After
the
expiration
of
the
time
allowed
for
filing
17
such
a
petition
for
review
if
no
such
petition
has
been
duly
18
filed
within
such
time,
the
commissioner
may
at
any
time,
after
19
notice
and
opportunity
for
hearing,
reopen
and
alter,
modify,
20
or
set
aside,
in
whole
or
in
part,
any
order
issued
by
the
21
commissioner
under
this
section
,
whenever
in
the
commissioner’s
22
opinion
conditions
of
fact
or
of
law
have
so
changed
as
23
to
require
such
action,
or
if
the
public
interest
shall
so
24
require.
25
4.
Any
person
who
violates
a
cease
and
desist
an
order
26
of
the
commissioner,
and
while
such
order
is
in
effect,
may,
27
after
notice
and
hearing
and
upon
order
of
the
commissioner,
28
be
subject
at
the
discretion
of
the
commissioner
to
any
one
or
29
more
of
the
following:
30
a.
A
monetary
penalty
of
not
more
than
ten
thousand
dollars
31
for
each
and
every
act
or
violation.
A
penalty
collected
32
under
this
lettered
paragraph
shall
be
deposited
as
provided
33
in
section
505.7
.
34
b.
Suspension
or
revocation
of
such
person’s
license.
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Sec.
8.
Section
507E.2,
Code
2021,
is
amended
to
read
as
1
follows:
2
507E.2
Purpose
Insurance
fraud
bureau
.
3
1.
An
insurance
fraud
bureau
is
created
within
the
insurance
4
division.
Upon
a
reasonable
determination
by
the
division,
by
5
its
own
inquiries
or
as
a
result
of
a
complaint
filed
with
the
6
division,
that
a
person
has
engaged
in,
is
engaging
in,
or
may
7
be
engaging
in
an
act
or
practice
that
violates
any
provision
8
of
the
Code
subject
to
the
jurisdiction
of
the
commissioner,
9
the
division
may
administer
oaths
and
affirmations,
serve
10
subpoenas
ordering
the
attendance
of
witnesses,
and
collect
11
evidence
related
to
such
act
or
practice.
12
2.
An
insurance
fraud
bureau
investigator
shall
be
no
older
13
than
sixty-five
years
of
age.
14
Sec.
9.
Section
507E.2A,
subsection
2,
Code
2021,
is
amended
15
to
read
as
follows:
16
2.
“Insurer”
includes
an
insurer
means
any
corporation,
17
association,
partnership,
or
individual
engaged
in
the
business
18
of
insurance,
including
but
not
limited
to
a
corporation,
19
association,
partnership,
or
individual
that
issues
a
policy
20
of
workers’
compensation,
a
self-insured
business
for
purposes
21
of
workers’
compensation
liability,
or
a
group
or
self-insured
22
plan
as
described
in
section
87.4
.
“Insurer”
does
not
include
23
a
person
required
to
be
licensed
to
sell,
solicit,
or
negotiate
24
insurance
pursuant
to
chapter
522B.
25
Sec.
10.
Section
507E.8,
Code
2021,
is
amended
to
read
as
26
follows:
27
507E.8
Law
enforcement
authority.
28
1.
An
individual
employed
by
the
division
and
designated
as
29
a
peace
officer
shall
be
considered
a
law
enforcement
officer
30
as
that
term
is
defined
in
section
80B.3,
and
shall
exercise
31
the
powers
of
a
law
enforcement
officer
as
follows:
32
a.
For
purposes
of
an
arrest
resulting
from
a
criminal
33
violation
of
any
provision
of
the
Code
subject
to
the
34
jurisdiction
of
the
commissioner
established
as
a
result
of
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an
investigation
pursuant
to
this
chapter
,
an
insurance
fraud
1
bureau
investigator
shall
have
the
authority
and
status
of
a
2
law
enforcement
officer
pursuant
to
section
80B.3,
subsection
3
3
.
4
b.
While
conducting
an
investigation
or
engaged
in
an
5
assignment
authorized
by
this
chapter
or
ordered
by
the
6
commissioner.
7
c.
To
protect
life
if
a
public
offense
is
committed
in
the
8
presence
of
the
peace
officer.
9
d.
While
providing
assistance
to
a
law
enforcement
agency
or
10
another
law
enforcement
officer.
11
e.
While
providing
assistance
at
the
request
of
a
member
of
12
the
public.
13
2.
The
laws
Laws
applicable
to
an
arrest
of
an
individual
14
by
a
law
enforcement
officer
of
the
state
shall
apply
to
an
15
insurance
fraud
bureau
investigator
individual
employed
by
16
the
division
and
designated
as
a
peace
officer
.
An
insurance
17
fraud
bureau
investigator
individual
employed
by
the
division
18
and
designated
as
a
peace
officer
shall
have
the
power
to
19
execute
arrest
warrants
and
search
warrants,
serve
subpoenas
20
issued
for
the
examination,
investigation,
and
trial
of
all
21
offenses
identified
through
the
course
of
an
investigation
22
conducted
pursuant
to
this
section
,
and
arrest
upon
probable
23
cause
without
warrant
a
person
found
in
the
act
of
committing
24
a
violation
of
a
provision
of
this
chapter
or
a
law
of
this
25
state
.
26
Sec.
11.
Section
508E.2,
subsection
14,
Code
2021,
is
27
amended
to
read
as
follows:
28
14.
“Viatical
settlement
broker”
means
a
person,
including
29
a
life
insurance
producer
as
provided
for
in
section
508E.3
,
30
who,
working
exclusively
on
behalf
of
a
viator
and
for
a
fee,
31
commission,
or
other
valuable
consideration,
offers
or
attempts
32
to
negotiate
viatical
settlement
contracts
between
a
viator
33
and
one
or
more
viatical
settlement
providers
or
one
or
more
34
viatical
settlement
brokers.
Notwithstanding
the
manner
in
35
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_____
H.F.
_____
which
the
viatical
settlement
broker
is
compensated,
a
viatical
1
settlement
broker
is
deemed
to
represent
only
the
viator,
2
and
not
the
insurer
or
the
viatical
settlement
provider,
and
3
owes
a
fiduciary
duty
to
the
viator
to
act
according
to
the
4
viator’s
instructions
and
in
the
best
interest
of
the
viator.
5
“Viatical
settlement
broker”
does
not
include
an
attorney,
6
certified
public
accountant,
or
a
financial
planner
accredited
7
by
a
nationally
recognized
accreditation
agency
who
is
retained
8
to
represent
the
viator
and
whose
compensation
is
not
paid
9
directly
or
indirectly
by
the
viatical
settlement
provider
or
10
purchaser.
11
Sec.
12.
Section
508E.3,
subsections
2
and
3,
Code
2021,
are
12
amended
to
read
as
follows:
13
2.
An
application
for
a
viatical
settlement
provider
14
or
viatical
settlement
broker
license
shall
be
made
to
the
15
commissioner
by
the
applicant
on
a
form
prescribed
by
the
16
commissioner,
and
the
application
shall
be
accompanied
by
a
17
fee
of
not
more
than
one
hundred
dollars
as
provided
by
rules
18
adopted
by
the
commissioner.
19
3.
A
viatical
settlement
provider
or
viatical
settlement
20
broker
license
term
shall
be
three
years
and
the
license
21
may
be
renewed
upon
payment
of
a
renewal
fee
of
not
more
22
than
one
hundred
dollars
as
provided
by
rules
adopted
by
the
23
commissioner.
A
failure
to
pay
the
fee
by
the
renewal
date
24
shall
result
in
expiration
of
the
license.
25
Sec.
13.
Section
509.1,
subsection
9,
Code
2021,
is
amended
26
to
read
as
follows:
27
9.
A
policy
of
group
health
insurance
coverage
issued
to
an
28
associated
health
plan
a
multiple
employer
welfare
arrangement
29
pursuant
to
section
513D.1
chapter
513D
that
is
subject
to
30
regulation
by
the
commissioner.
31
Sec.
14.
Section
509.19,
subsection
2,
paragraph
d,
Code
32
2021,
is
amended
to
read
as
follows:
33
d.
A
multiple
employer
welfare
arrangement,
as
defined
34
in
section
3
of
the
federal
Employee
Retirement
Income
35
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H.F.
_____
Security
Act
of
1974,
29
U.S.C.
§1002
(40)
,
paragraph
40,
1
or
a
multiple
employer
welfare
arrangement
formed
as
an
2
association
health
plan
pursuant
to
29
C.F.R.
pt.
2510
,
3
that
meets
the
requirements
of
section
507A.4,
subsection
9
,
4
paragraph
“a”
chapter
513D
.
5
Sec.
15.
Section
509A.15,
subsection
1,
paragraph
a,
6
unnumbered
paragraph
1,
Code
2021,
is
amended
to
read
as
7
follows:
8
Within
ninety
calendar
days
following
the
end
of
a
fiscal
9
year,
the
governing
body
of
a
self-insurance
plan
of
a
10
political
subdivision
or
a
school
corporation
shall
file
with
11
the
commissioner
of
insurance
a
certificate
of
compliance,
12
actuarial
opinion,
and
an
annual
financial
report.
The
13
filing
shall
be
accompanied
by
a
fee
of
one
hundred
dollars
14
established
by
the
commissioner
by
rule
.
A
penalty
of
fifteen
15
dollars
per
day
late
fee
established
by
the
commissioner
16
by
rule
shall
be
assessed
for
failure
to
comply
with
the
17
ninety-day
ninety-calendar-day
filing
requirement,
except
that
18
the
commissioner
may
waive
the
penalty
late
fee
upon
a
showing
19
that
special
circumstances
exist
which
justify
the
waiver.
The
20
certificate
shall
be
signed
and
dated
by
the
appropriate
public
21
official
representing
the
governing
body,
and
shall
certify
the
22
following:
23
Sec.
16.
Section
510.21,
Code
2021,
is
amended
to
read
as
24
follows:
25
510.21
Certificate
of
registration
required
Certificates
——
26
registration
and
renewal
.
27
A
person
shall
not
act
as
or
represent
oneself
to
be
a
28
third-party
administrator
in
this
state,
other
than
an
adjuster
29
licensed
in
this
state
for
the
kinds
of
business
for
which
30
the
person
is
acting
as
a
third-party
administrator,
unless
31
the
person
holds
a
current
certificate
of
registration
as
32
a
third-party
administrator
issued
by
the
commissioner
of
33
insurance.
A
certificate
of
registration
as
a
third-party
34
administrator
is
renewable
shall
be
renewed
every
three
35
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H.F.
_____
years.
Failure
to
hold
a
current
certificate
subjects
the
1
of
registration
shall
subject
a
third-party
administrator
to
2
the
sanctions
set
out
in
section
507B.7
.
The
An
application
3
for
a
certificate
of
registration
shall
be
accompanied
by
a
4
filing
fee
as
established
by
the
commissioner
by
rule.
A
5
certificate
of
registration
shall
be
issued
by
the
commissioner
6
to
a
third-party
administrator
unless
the
commissioner
,
7
after
due
notice
and
hearing,
determines
that
the
third-party
8
administrator
is
not
competent,
trustworthy,
financially
9
responsible,
or
of
good
personal
and
business
reputation,
or
10
has
had
a
previous
an
application
for
an
insurance
license
11
denied
for
cause
within
the
preceding
five
years.
12
An
application
for
registration
shall
be
accompanied
by
a
13
filing
fee
of
one
hundred
dollars.
After
notice
and
hearing,
14
the
commissioner
may
impose
any
or
all
of
the
sanctions
set
out
15
in
section
507B.7
,
upon
finding
that
either
the
third-party
16
administrator
violated
any
of
the
requirements
of
sections
17
510.12
through
510.20
and
this
section
,
or
the
third-party
18
administrator
is
not
competent,
trustworthy,
financially
19
responsible,
or
of
good
personal
and
business
reputation.
20
If
the
commissioner
denies
an
application
for
registration
21
or
renewal,
a
written
notice
that
specifies
the
reasons
for
22
the
denial
or
nonrenewal
shall
be
provided
to
the
applicant.
23
Pursuant
to
chapter
17A,
upon
the
applicant’s
request,
the
24
commissioner
shall
grant
the
applicant
a
hearing
on
the
denial
25
or
nonrenewal.
26
Sec.
17.
Section
510.23,
Code
2021,
is
amended
by
striking
27
the
section
and
inserting
in
lieu
thereof
the
following:
28
510.23
Violations
and
penalties.
29
1.
If,
after
hearing,
the
commissioner
determines
that
30
a
third-party
administrator
has
violated
this
chapter,
or
31
chapter
507B,
the
commissioner
may
order
any
one
or
more
of
the
32
sanctions
or
penalties
set
out
in
section
507B.7.
33
2.
If,
after
hearing,
the
commissioner
determines
that
a
34
person
has
aided
and
abetted
a
third-party
administrator
in
35
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_____
H.F.
_____
commission
of
a
violation
of
this
chapter,
or
chapter
507B,
1
the
commissioner
may
order
any
one
or
more
of
the
sanctions
or
2
penalties
set
out
in
section
507B.7.
3
3.
If,
after
hearing,
the
commissioner
determines
that
4
a
third-party
administrator
is
not
competent,
trustworthy,
5
financially
responsible,
or
of
good
personal
and
business
6
reputation,
the
commissioner
may
order
any
one
or
more
of
the
7
sanctions
and
penalties
set
out
in
section
507B.7.
8
Sec.
18.
Section
511.24,
Code
2021,
is
amended
to
read
as
9
follows:
10
511.24
Fees
from
domestic
Domestic
and
foreign
companies
——
11
fees
.
12
When
not
otherwise
provided,
a
foreign
or
domestic
life
13
insurance
company
doing
business
in
this
state
shall
pay
to
the
14
commissioner
of
insurance
the
following
fees
a
fee,
established
15
by
the
commissioner
by
rule,
for
all
of
the
following
:
16
1.
For
filing
an
application
to
do
business,
or
an
17
application
to
renew
a
certificate
of
authority
,
fifty
dollars
.
18
2.
For
issuing
a
certificate
of
authority
to
do
business
in
19
this
state,
or
for
renewing
a
certificate
,
fifty
dollars
.
20
3.
For
filing
amended
articles
of
incorporation
,
fifty
21
dollars
.
22
4.
For
issuing
an
amended
certificate
of
authority
,
23
twenty-five
dollars
.
24
5.
For
affixing
the
official
seal
to
any
paper
filed
with
25
the
division
,
ten
dollars
.
26
Sec.
19.
Section
512B.24,
Code
2021,
is
amended
to
read
as
27
follows:
28
512B.24
Reports
Annual
statement
.
29
Reports
shall
be
filed
in
accordance
with
this
section
.
30
1.
A
society
transacting
business
in
this
state
shall
,
on
or
31
before
March
1
annually
,
unless
for
cause
shown
the
time
has
32
been
extended
by
the
commissioner,
shall
annually
file
with
the
33
commissioner
a
true
statement
of
its
the
society’s
financial
34
condition,
transactions,
and
affairs
for
the
preceding
calendar
35
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_____
H.F.
_____
year
and
shall
pay
a
fee
of
fifty
dollars
established
by
the
1
commissioner
by
rule
.
The
statement
may
be
in
general
form
and
2
content
as
approved
by
the
national
association
of
insurance
3
commissioners
for
fraternal
benefit
societies
and
shall
be
4
supplemented
by
additional
information
as
adopted
by
rule
of
5
the
commissioner.
6
2.
As
part
of
the
a
society’s
annual
statement,
a
the
7
society
shall,
on
or
before
March
1,
file
with
the
commissioner
8
of
insurance
a
valuation
of
its
the
society’s
certificates
9
in
force
on
the
last
preceding
December
31.
However,
the
10
commissioner
may,
for
cause
shown,
extend
the
time
for
filing
11
the
valuation
for
not
more
than
two
consecutive
calendar
12
months.
The
valuation
shall
be
done
completed
in
accordance
13
compliance
with
the
standards
specified
in
section
512B.23
.
14
The
valuation
and
underlying
data
shall
be
certified
by
a
15
qualified
actuary
or,
at
the
expense
of
the
society,
verified
16
by
the
actuary
of
the
department
of
insurance
of
the
state
of
17
domicile
of
the
society.
18
3.
A
society
failing
to
file
the
society’s
annual
statement
19
in
the
form
and
within
the
time
provided
by
compliance
with
20
this
section
shall
forfeit
one
hundred
dollars
for
each
day
21
during
which
the
default
continues,
and,
upon
notice
by
the
22
commissioner
to
that
effect
,
the
society’s
authority
to
do
23
business
in
this
state
shall
cease
while
during
the
duration
of
24
the
default
continues
.
25
Sec.
20.
Section
512B.25,
Code
2021,
is
amended
to
read
as
26
follows:
27
512B.25
Annual
license
——
renewal.
28
The
authority
of
a
society
to
transact
business
in
this
29
state
may
be
renewed
annually.
A
society’s
license
terminates
30
to
transact
business
in
this
state
shall
terminate
on
the
31
first
day
of
June
following
the
issuance
or
the
renewal
of
32
the
society’s
license
.
A
society
shall
submit
annually
on
33
or
before
March
1
a
completed
application
for
renewal
of
its
34
license.
For
each
license
or
renewal
the
society
shall
pay
35
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_____
H.F.
_____
the
commissioner
a
fee
of
fifty
dollars
established
by
the
1
commissioner
by
rule
.
A
society
that
fails
to
timely
file
an
2
application
for
renewal
shall
pay
an
administrative
penalty
3
of
five
hundred
dollars
to
the
treasurer
of
state
for
deposit
4
as
provided
in
section
505.7
a
late
fee
as
established
by
the
5
commissioner
by
rule
.
A
duly
certified
copy
or
duplicate
6
of
the
a
society’s
license
is
prima
facie
evidence
that
the
7
licensee
is
a
fraternal
benefit
society
within
the
meaning
of
8
this
chapter
.
9
Sec.
21.
Section
513D.1,
Code
2021,
is
amended
by
striking
10
the
section
and
inserting
in
lieu
thereof
the
following:
11
513D.1
Multiple
employer
welfare
arrangements
and
association
12
health
plans.
13
1.
As
used
in
this
chapter,
unless
the
context
otherwise
14
requires:
15
a.
“Association
health
plan”
or
“AHP”
means
a
multiple
16
employer
welfare
arrangement
formed
as
an
association
health
17
plan
pursuant
to
29
C.F.R.
pt.
2510.
18
b.
“Commissioner”
means
the
commissioner
of
insurance.
19
c.
“Multiple
employer
welfare
arrangement”
or
“MEWA”
means
a
20
multiple
employer
welfare
arrangement
as
defined
in
section
3
21
of
the
federal
Employee
Retirement
Income
Security
Act
of
1974,
22
29
U.S.C.
§1002,
paragraph
40.
23
2.
An
AHP
or
MEWA
that
offers
a
plan
to,
or
maintains
a
24
group
health
plan
for,
any
resident
of
this
state
shall
be
25
subject
to
the
jurisdiction
of
the
commissioner
and
shall
26
comply
with
all
of
the
following
requirements:
27
a.
The
AHP
or
MEWA
must
be
administered
by
an
insurer
28
authorized
to
do
the
business
of
insurance
in
this
state
or
29
an
authorized
third-party
administrator
that
holds
a
current
30
certificate
of
registration
pursuant
to
section
510.21.
31
b.
The
AHP
or
MEWA
must
be
established
by
a
trade,
32
industry,
or
professional
association
of
employers
that
has
a
33
constitution
or
bylaws,
is
organized
and
maintained
in
good
34
faith,
and
has
membership
stability
as
defined
by
rules
adopted
35
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_____
H.F.
_____
by
the
commissioner.
1
c.
The
AHP
or
MEWA
must
register
with
the
commissioner
and
2
obtain
and
maintain
a
certificate
of
registration
issued
by
the
3
commissioner.
4
d.
The
AHP
or
MEWA
shall
comply
with
all
rules
and
solvency
5
standards
established
by
rules
adopted
by
the
commissioner.
6
3.
An
AHP
or
MEWA
that
does
not
meet
the
solvency
standards
7
pursuant
to
subsection
2,
paragraph
“d”
,
shall
be
subject
to
8
chapter
507C.
9
4.
An
AHP
or
MEWA
that
meets
all
of
the
requirements
of
10
subsection
2
shall
not
be
considered
any
of
the
following:
11
a.
An
insurance
company
or
association
of
whatever
kind
or
12
character
under
section
432.1.
13
b.
A
member
of
the
Iowa
individual
health
benefit
14
reinsurance
association
pursuant
to
section
513C.10,
subsection
15
1.
16
c.
A
member
insurer
of
the
Iowa
life
and
health
insurance
17
guaranty
association
pursuant
to
section
508C.5.
18
5.
An
AHP
or
MEWA
that
is
registered
with
the
commissioner
19
pursuant
to
subsection
2,
paragraph
“c”
,
shall
annually
file
20
with
the
commissioner
on
or
before
March
1
a
copy
of
the
report
21
required
to
be
filed
by
the
AHP
or
MEWA
with
the
United
States
22
department
of
labor
pursuant
to
29
C.F.R.
§2520.101-2.
23
6.
An
AHP
or
MEWA
that
is
registered
with
the
commissioner
24
pursuant
to
subsection
2,
paragraph
“c”
,
shall
annually
file
25
with
the
commissioner
a
report
on
or
before
March
1
for
the
26
preceding
calendar
year.
The
annual
report
shall
contain
the
27
information
and
be
in
a
form
and
manner
as
prescribed
by
the
28
commissioner.
29
7.
A
foreign
or
domestic
AHP
or
MEWA
doing
business
in
the
30
state
shall
pay
fees
as
prescribed
by
the
commissioner
unless
31
otherwise
provided
by
law.
32
8.
A
MEWA
that
is
recognized
as
tax-exempt
under
Internal
33
Revenue
Code
section
501(c)(9)
and
that
is
registered
with
the
34
commissioner
prior
to
January
1,
2018,
shall
not
be
considered
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an
AHP
unless
the
MEWA
affirmatively
elects
to
be
treated
as
1
an
AHP.
2
Sec.
22.
Section
513D.2,
subsection
1,
Code
2021,
is
amended
3
to
read
as
follows:
4
1.
The
commissioner
of
insurance
shall
adopt
rules
,
as
5
necessary
,
pursuant
to
chapter
17A
to
administer
this
chapter
.
6
Sec.
23.
Section
514G.103,
subsection
10,
Code
2021,
is
7
amended
to
read
as
follows:
8
10.
“Independent
review
entity
organization
”
means
a
review
9
entity
organization
certified
by
the
commissioner
pursuant
to
10
section
514G.110,
subsection
4
.
11
Sec.
24.
Section
514G.110,
subsections
4,
5,
6,
7,
8,
and
9,
12
Code
2021,
are
amended
to
read
as
follows:
13
4.
Qualifications
of
independent
review
entities
14
organizations
.
The
commissioner
shall
maintain
a
list
of
15
qualified
independent
review
entities
organizations
that
are
16
certified
by
the
commissioner.
Independent
review
entities
17
organizations
shall
be
recertified
by
the
commissioner
every
18
two
years
in
order
to
remain
on
the
list.
In
order
to
be
19
certified,
an
independent
review
entity
organization
shall
meet
20
all
of
the
following
criteria:
21
a.
Have
on
staff,
or
contract
with,
a
qualified,
licensed
22
health
care
professional
in
an
appropriate
field
for
23
determining
an
insured’s
functional
or
cognitive
impairment
who
24
can
conduct
an
independent
review.
25
(1)
In
order
to
be
qualified,
a
licensed
health
care
26
professional
who
is
a
physician
shall
hold
a
current
27
certification
by
a
recognized
American
medical
specialty
28
board
in
a
specialty
appropriate
for
determining
an
insured’s
29
functional
or
cognitive
impairment.
30
(2)
In
order
to
be
qualified,
a
licensed
health
care
31
professional
who
is
not
a
physician
shall
hold
a
current
32
certification
in
the
specialty
in
which
that
person
is
33
licensed,
by
a
recognized
American
specialty
board
in
a
34
specialty
appropriate
for
determining
an
insured’s
functional
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or
cognitive
impairment.
1
b.
Ensure
that
any
licensed
health
care
professional
who
2
conducts
an
independent
review
has
no
history
of
disciplinary
3
actions
or
sanctions,
including
but
not
limited
to
the
loss
4
of
staff
privileges
or
any
participation
restrictions
taken
5
or
pending
by
any
hospital
or
state
or
federal
government
6
regulatory
agency.
7
c.
Ensure
that
the
independent
review
entity
organization
8
or
any
of
its
employees,
agents,
or
licensed
health
care
9
professionals
utilized
does
not
receive
compensation
of
any
10
type
that
is
dependent
on
the
outcome
of
a
review.
11
d.
Ensure
that
the
independent
review
entity
organization
12
or
any
of
its
employees,
agents,
or
licensed
health
care
13
professionals
utilized
are
not
in
any
manner
related
to,
14
employed
by,
or
affiliated
with
the
insured
or
with
a
person
15
who
previously
provided
medical
care
to
the
insured.
16
e.
Ensure
that
an
independent
review
entity
organization
17
or
any
of
its
employees,
agents,
or
licensed
health
care
18
professionals
utilized
is
not
a
subsidiary
of,
or
owned
or
19
controlled
by,
an
insurer
or
by
a
trade
association
of
insurers
20
of
which
the
insurer
is
a
member.
21
f.
Have
a
quality
assurance
program
on
file
with
the
22
commissioner
that
ensures
the
timeliness
and
quality
of
reviews
23
performed,
the
qualifications
and
independence
of
the
licensed
24
health
care
professionals
who
perform
the
reviews,
and
the
25
confidentiality
of
the
review
process.
26
g.
Have
on
staff
or
contract
with
a
licensed
health
care
27
practitioner,
as
defined
in
section
514G.103,
subsection
3
,
who
28
is
qualified
to
certify
that
an
individual
is
chronically
ill
29
for
purposes
of
a
qualified
long-term
care
insurance
contract.
30
5.
Independent
review
process.
The
independent
review
31
process
shall
be
conducted
as
follows:
32
a.
Within
three
business
days
of
receiving
a
notice
from
the
33
commissioner
of
the
certification
of
a
request
for
independent
34
review
or
receipt
of
a
denial
of
an
insurer’s
appeal
from
such
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a
certification,
the
insurer
shall
do
all
of
the
following:
1
(1)
Select
an
independent
review
entity
organization
from
2
the
list
certified
by
the
commissioner
and
notify
the
insured
3
in
writing
of
the
name,
address,
and
telephone
number
of
the
4
selected
independent
review
entity
selected
organization
.
The
5
selected
independent
review
entity
selected
organization
shall
6
utilize
a
licensed
health
care
professional
with
qualifications
7
appropriate
to
the
benefit
trigger
determination
that
is
under
8
review.
9
(2)
Notify
the
independent
review
entity
organization
10
that
it
has
been
selected
to
conduct
an
independent
review
11
of
a
benefit
trigger
determination
and
provide
sufficient
12
descriptive
information
to
enable
the
independent
review
entity
13
organization
to
provide
licensed
health
care
professionals
who
14
will
be
qualified
to
conduct
the
review.
15
(3)
Provide
the
commissioner
with
a
copy
of
the
notices
sent
16
to
the
insured
and
to
the
selected
independent
review
entity
17
selected
organization
.
18
b.
Within
three
business
days
of
receiving
a
notice
from
19
an
insurer
that
it
has
been
selected
to
conduct
an
independent
20
review,
the
independent
review
entity
organization
shall
do
one
21
of
the
following:
22
(1)
Accept
its
selection
as
the
independent
review
entity
23
organization
,
designate
a
qualified
licensed
health
care
24
professional
to
perform
the
independent
review,
and
provide
25
notice
of
that
designation
to
the
insured
and
the
insurer,
26
including
a
brief
description
of
the
health
care
professional’s
27
qualifications
and
the
reasons
that
person
is
qualified
to
28
determine
whether
the
insured’s
benefit
trigger
has
been
met.
29
A
copy
of
this
notice
shall
be
sent
to
the
commissioner
via
30
facsimile.
The
independent
review
entity
organization
is
not
31
required
to
disclose
the
name
of
the
health
care
professional
32
selected.
33
(2)
Decline
its
selection
as
the
independent
review
entity
34
organization
or,
if
the
independent
review
entity
organization
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does
not
have
a
licensed
health
care
professional
who
is
1
qualified
to
conduct
the
independent
review
available,
request
2
additional
time
from
the
commissioner
to
have
a
qualified
3
licensed
health
care
professional
certified,
and
provide
4
notice
to
the
insured,
the
insurer,
and
the
commissioner.
5
The
commissioner
shall
notify
the
independent
review
entity
6
organization
,
the
insured,
and
the
insurer
of
how
to
proceed
7
within
three
business
days
of
receipt
of
such
notice
from
the
8
independent
review
entity
organization
.
9
c.
An
insured
may
object
to
the
independent
review
entity
10
organization
selected
by
the
insurer
or
to
the
licensed
11
health
care
professional
designated
by
the
independent
review
12
entity
organization
to
conduct
the
review
by
filing
a
notice
13
of
objection
along
with
reasons
for
the
objection,
with
the
14
commissioner
within
ten
days
of
receipt
of
a
notice
sent
by
the
15
independent
review
entity
organization
pursuant
to
paragraph
16
“b”
.
The
commissioner
shall
consider
the
insured’s
objection
17
and
shall
notify
the
insured,
the
insurer,
and
the
independent
18
review
entity
organization
of
the
commissioner’s
decision
to
19
sustain
or
deny
the
objection
within
two
business
days
of
20
receipt
of
the
objection.
21
d.
Within
five
business
days
of
receiving
a
notice
from
22
the
independent
review
entity
organization
accepting
its
23
selection
or
within
five
business
days
of
receiving
a
denial
24
of
an
objection
to
the
independent
review
entity
organization
25
selected,
whichever
is
later,
the
insured
may
submit
any
26
information
or
documentation
in
support
of
the
insured’s
claim
27
to
both
the
independent
review
entity
organization
and
the
28
insurer.
29
e.
Within
fifteen
days
of
receiving
a
notice
from
the
30
independent
review
entity
organization
accepting
its
selection
31
or
within
three
business
days
of
receipt
of
a
denial
of
32
an
objection
to
the
independent
review
entity
organization
33
selected,
whichever
is
later,
an
insurer
shall
do
all
of
the
34
following:
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(1)
Provide
the
independent
review
entity
organization
1
with
any
information
submitted
to
the
insurer
by
the
insured
2
in
support
of
the
insured’s
internal
appeal
of
the
insurer’s
3
benefit
trigger
determination.
4
(2)
Provide
the
independent
review
entity
organization
with
5
any
other
relevant
documents
used
by
the
insurer
in
making
its
6
benefit
trigger
determination.
7
(3)
Provide
the
insured
and
the
commissioner
with
8
confirmation
that
the
information
required
under
subparagraphs
9
(1)
and
(2)
has
been
provided
to
the
independent
review
entity
10
organization
,
including
the
date
the
information
was
provided.
11
f.
The
independent
review
entity
organization
shall
not
12
commence
its
review
until
fifteen
days
after
the
selection
of
13
the
independent
review
entity
organization
is
final
including
14
the
resolution
of
any
objection
made
pursuant
to
paragraph
15
“c”
.
During
this
time
period,
the
insurer
may
consider
any
16
information
provided
by
the
insured
pursuant
to
paragraph
17
“d”
and
overturn
or
affirm
the
insurer’s
benefit
trigger
18
determination
based
on
such
information.
If
the
insurer
19
overturns
its
benefit
trigger
determination,
the
independent
20
review
process
shall
immediately
cease.
21
g.
In
conducting
a
review,
the
independent
review
22
entity
organization
shall
consider
only
the
information
23
and
documentation
provided
to
the
independent
review
entity
24
organization
pursuant
to
paragraphs
“d”
and
“e”
.
25
h.
The
independent
review
entity
organization
shall
submit
26
its
decision
as
soon
as
possible,
but
not
later
than
thirty
27
days
from
the
date
the
independent
review
entity
organization
28
receives
the
information
required
under
paragraphs
“d”
and
“e”
,
29
whichever
is
received
later.
The
decision
shall
include
a
30
description
of
the
basis
for
the
decision
and
the
date
of
the
31
benefit
trigger
determination
to
which
the
decision
relates.
32
The
independent
review
entity
organization
,
for
good
cause,
33
may
request
an
extension
of
time
from
the
commissioner
to
file
34
its
decision.
A
copy
of
the
decision
shall
be
mailed
to
the
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insured,
the
insurer,
and
the
commissioner.
1
i.
All
medical
records
submitted
for
use
by
the
independent
2
review
entity
organization
shall
be
maintained
as
confidential
3
records
as
required
by
applicable
state
and
federal
laws.
The
4
commissioner
shall
keep
all
information
obtained
during
the
5
independent
review
process
confidential
pursuant
to
section
6
505.8,
subsection
8
,
except
that
the
commissioner
may
share
7
some
information
obtained
as
provided
under
section
505.8,
8
subsection
8
,
and
as
required
by
this
chapter
and
rules
adopted
9
pursuant
to
this
chapter
.
10
j.
If
an
insured
dies
before
completion
of
the
independent
11
review,
the
review
shall
continue
to
completion
if
there
12
is
potential
liability
of
an
insurer
to
the
estate
of
the
13
insured
or
to
a
provider
for
rendering
qualified
long-term
care
14
services
to
the
insured.
15
6.
Costs.
All
reasonable
fees
and
costs
of
the
independent
16
review
entity
incurred
organization
in
conducting
an
17
independent
review
under
this
section
shall
be
paid
by
the
18
insurer.
19
7.
Immunity.
An
independent
review
entity
organization
that
20
conducts
a
review
under
this
section
is
not
liable
for
damages
21
arising
from
determinations
made
during
the
review.
Immunity
22
does
not
apply
to
any
act
or
omission
made
by
an
independent
23
review
entity
organization
in
bad
faith
or
that
involves
gross
24
negligence.
25
8.
Effect
of
independent
review
decision.
26
a.
The
review
decision
by
the
independent
review
entity
27
organization
conducting
the
review
is
binding
on
the
insurer.
28
b.
The
independent
review
process
set
forth
in
this
section
29
shall
not
be
considered
a
contested
case
under
chapter
17A
.
30
c.
An
insured
may
appeal
the
review
decision
by
the
31
independent
review
entity
organization
conducting
the
review
32
by
filing
a
petition
for
judicial
review
in
the
district
court
33
in
the
county
in
which
the
insured
resides.
The
petition
for
34
judicial
review
shall
be
filed
within
fifteen
business
days
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after
the
issuance
of
the
review
decision
by
the
independent
1
review
organization
.
The
petition
shall
name
the
insured
2
as
the
petitioner
and
the
insurer
as
the
respondent.
The
3
petitioner
shall
not
name
the
independent
review
entity
4
organization
as
a
party.
The
commissioner
shall
not
be
named
5
as
a
respondent
unless
the
insured
alleges
action
or
inaction
6
by
the
commissioner
under
the
standards
articulated
under
7
section
17A.19,
subsection
10
.
Allegations
made
against
the
8
commissioner
under
section
17A.19,
subsection
10
,
must
be
9
stated
with
particularity.
The
commissioner
may,
upon
motion,
10
intervene
in
a
judicial
review
proceeding
brought
pursuant
to
11
this
paragraph.
The
findings
of
fact
by
the
independent
review
12
entity
organization
conducting
the
review
are
conclusive
and
13
binding
on
appeal.
14
d.
An
insurer
shall
not
be
subject
to
any
penalties,
15
sanctions,
or
damages
for
complying
in
good
faith
with
a
review
16
decision
rendered
by
an
independent
review
entity
organization
17
pursuant
to
this
section
.
18
e.
Nothing
contained
in
this
section
or
in
section
514G.109
19
shall
be
construed
to
limit
the
right
of
an
insurer
to
assert
20
any
rights
an
insurer
may
have
under
a
long-term
care
insurance
21
policy
related
to:
22
(1)
An
insured’s
misrepresentation.
23
(2)
Changes
in
the
insured’s
benefit
eligibility.
24
(3)
Terms,
conditions,
and
exclusions
contained
in
the
25
policy,
other
than
failure
to
meet
the
benefit
trigger.
26
f.
The
requirements
of
this
section
and
section
514G.109
are
27
not
applicable
to
a
group
long-term
care
insurance
policy
that
28
is
governed
by
the
federal
Employee
Retirement
Income
Security
29
Act
of
1974,
as
codified
at
29
U.S.C.
§100
§1001
et
seq.
30
g.
The
provisions
of
this
section
and
section
514G.109
31
are
in
lieu
of
and
supersede
any
other
third-party
review
32
requirement
contained
in
chapter
514J
or
in
any
other
provision
33
of
law.
34
h.
The
insured
may
bring
an
action
in
the
district
court
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in
the
county
in
which
the
insured
resides
to
enforce
the
1
review
decision
of
the
independent
review
entity
organization
2
conducting
the
review
or
the
decision
of
the
court
on
appeal.
3
9.
Receipt
of
notice.
Notice
required
by
this
section
shall
4
be
deemed
received
within
five
days
after
the
date
of
mailing.
5
Sec.
25.
Section
515.147,
Code
2021,
is
amended
to
read
as
6
follows:
7
515.147
Fees.
8
Fees
,
established
by
the
commissioner
of
insurance
by
rule,
9
shall
be
paid
to
the
commissioner
of
insurance
for
deposit
as
10
provided
in
section
505.7
as
follows
for
all
of
the
following
:
11
1.
For
filing
an
application
to
do
business,
including
all
12
documents
submitted
in
connection
with
the
application,
by
a
13
foreign
or
domestic
company,
or
for
filing
an
application
for
14
renewed
authority
,
fifty
dollars
.
15
2.
For
issuing
to
a
foreign
or
domestic
company
a
16
certificate
of
authority
to
do
business
or
a
renewed
17
certificate
of
authority
,
fifty
dollars
.
18
3.
For
filing
amended
articles
of
incorporation
,
fifty
19
dollars
.
20
4.
For
issuing
an
amended
certificate
of
authority
,
21
twenty-five
dollars
.
22
5.
For
affixing
the
official
seal
to
any
paper
filed
with
23
the
division
,
ten
dollars
.
24
Sec.
26.
Section
515A.2,
subsection
1,
Code
2021,
is
amended
25
by
adding
the
following
new
paragraph:
26
NEW
PARAGRAPH
.
0a.
“Commissioner”
means
the
commissioner
27
of
insurance.
28
Sec.
27.
Section
515A.6,
subsection
1,
paragraph
c,
Code
29
2021,
is
amended
to
read
as
follows:
30
c.
Licenses
issued
pursuant
to
this
section
shall
remain
31
in
effect
for
three
years
unless
sooner
suspended
or
revoked
32
by
the
commissioner.
The
fee
for
the
license
fee
shall
be
one
33
hundred
dollars
established
by
the
commissioner
by
rule
.
34
Sec.
28.
Section
515A.6,
subsection
7,
Code
2021,
is
amended
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to
read
as
follows:
1
7.
Notwithstanding
any
other
provision
of
the
Code
law
to
2
the
contrary
,
the
commissioner
of
insurance
shall
provide
for
3
a
hearing
in
a
proceeding
involving
a
workers’
compensation
4
insurance
rate
filing
by
a
licensed
rating
organization
5
in
accordance
with
the
provisions
of
this
subsection
and
6
rules
promulgated
by
the
commissioner
of
insurance
pursuant
7
to
chapter
17A
.
Except
as
otherwise
provided
herein,
the
8
provisions
of
this
subsection
shall
not
be
subject
to
the
9
requirements
of
chapter
17A
.
The
procedures
for
such
hearing
10
shall
be
as
follows:
11
a.
The
commissioner
shall
provide
notice
of
the
filing
of
12
the
proposed
rates
at
least
thirty
days
before
the
effective
13
date
of
the
proposed
rates
by
publishing
a
notice
on
the
14
internet
site
of
the
insurance
division
of
the
department
of
15
commerce.
16
b.
A
public
hearing
shall
be
held
on
the
proposed
rates
by
17
the
commissioner
of
insurance
if
within
fifteen
days
of
the
18
date
of
publication
a
workers’
compensation
policyholder
or
an
19
established
organization
with
one
or
more
workers’
compensation
20
policyholders
among
its
members
files
a
written
demand
with
the
21
commissioner
of
insurance
for
a
hearing
on
the
proposed
rates.
22
c.
The
commissioner
of
insurance
shall
hold
the
hearing
23
within
twenty
days
after
receipt
of
the
written
demand
for
a
24
hearing
and
shall
give
not
less
than
ten
days
written
notice
of
25
the
time
and
place
of
the
hearing
to
the
person
or
association
26
filing
the
demand,
to
the
rating
organization,
and
to
any
other
27
person
requesting
such
notice.
28
d.
At
any
such
hearing,
the
rating
organization
shall
29
bear
the
burden
of
proof
to
support
the
proposed
rates
by
a
30
preponderance
of
the
evidence.
The
person
or
association
31
requesting
the
hearing,
and
any
other
person
admitted
as
a
32
party
to
the
proceeding,
shall
be
given
the
opportunity
to
33
respond
and
introduce
evidence
and
arguments
on
all
the
issues
34
involved.
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e.
Within
fifteen
days
after
the
start
of
the
hearing,
the
1
commissioner
of
insurance
will
shall
approve
or
disapprove
2
the
proposed
rates
and
specify
the
reasons
therefor.
The
3
commissioner
of
insurance
may
suspend
or
postpone
the
effective
4
date
of
the
proposed
rates
pending
the
hearing
and
written
5
decision
thereon.
6
f.
Judicial
review
of
the
decision
of
the
commissioner
of
7
insurance
on
such
rates
may
be
sought
in
accordance
with
the
8
provisions
of
chapter
17A
.
9
g.
Absent
a
request
for
a
hearing
as
provided
in
paragraph
10
“b”
,
the
commissioner
shall
issue
an
order
approving
or
11
disapproving
the
proposed
rates.
12
h.
The
waiting
period
for
a
workers’
compensation
insurance
13
rate
filing
shall
commence
no
earlier
than
the
date
that
notice
14
of
the
insurance
rate
filing
is
published.
15
Sec.
29.
Section
515A.10,
Code
2021,
is
amended
to
read
as
16
follows:
17
515A.10
Advisory
organizations.
18
1.
Every
group,
association
or
other
organization
of
19
insurers,
whether
located
within
or
outside
of
this
state,
20
which
assists
insurers
which
make
their
own
filings
or
rating
21
organizations
in
rate
making,
by
the
collection
and
furnishing
22
of
loss
or
expense
statistics,
or
by
the
submission
of
23
recommendations,
but
which
does
not
make
filings
under
this
24
chapter
,
shall
be
known
as
an
advisory
organization.
25
2.
An
advisory
organization
shall
not
provide
a
service
26
relating
to
this
chapter,
and
an
insurer
shall
not
utilize
27
the
services
of
an
advisory
organization
for
such
purposes
28
unless
the
advisory
organization
has
obtained
a
license
under
29
subsection
3.
30
2.
3.
Every
An
advisory
organization
applying
for
a
license
31
shall
file
include
with
its
application
to
the
commissioner
all
32
of
the
following:
33
a.
A
copy
of
its
constitution,
its
articles
of
agreement
34
or
association
or
its
certificate
of
incorporation
and
of
its
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bylaws,
rules
and
regulations
governing
its
activities.
1
b.
A
list
of
its
members.
2
c.
The
name
and
address
of
a
resident
of
this
state
upon
3
whom
notices
or
orders
of
the
commissioner
or
process
issued
at
4
the
commissioner’s
direction
may
be
served.
5
d.
An
agreement
that
the
commissioner
may
examine
such
6
advisory
organization
in
accordance
with
the
provisions
of
7
section
515A.12
.
8
e.
A
fee
established
by
the
commissioner
by
rule.
9
3.
4.
If,
after
a
hearing,
the
commissioner
finds
that
10
the
furnishing
of
such
information
or
assistance
involves
an
11
advisory
organization
has
engaged
in
any
act
or
practice
which
12
is
unfair
,
or
unreasonable
,
or
otherwise
inconsistent
with
the
13
provisions
in
violation
of
this
chapter
,
the
commissioner
may
14
issue
a
written
an
order
specifying
in
what
respects
such
act
15
or
practice
is
unfair
or
unreasonable
or
otherwise
inconsistent
16
with
the
provisions
of
this
chapter
,
and
requiring
the
17
discontinuance
of
such
act
or
practice
advisory
organization
to
18
cease
and
desist
such
act
or
practice
.
The
commissioner
may,
19
at
any
time
after
hearing,
revoke
or
suspend
the
license
of
an
20
advisory
organization
which
does
not
comply
with
this
chapter.
21
4.
5.
No
insurer
which
makes
its
own
filings
nor
any
rating
22
organization
shall
support
its
filings
by
statistics
or
adopt
23
rate
making
recommendations,
furnished
to
it
by
an
advisory
24
organization
which
has
not
complied
with
this
section
or
with
25
an
order
of
the
commissioner
involving
such
statistics
or
26
recommendations
issued
under
subsection
3
4
of
this
section
.
27
If
the
commissioner
finds
such
insurer
or
rating
organization
28
to
be
in
violation
of
this
subsection
the
commissioner
may
29
issue
an
order
requiring
the
discontinuance
of
such
violation.
30
6.
A
license
issued
under
this
section
shall
remain
in
31
effect
for
three
years
unless
sooner
suspended
or
revoked
by
32
the
commissioner.
33
Sec.
30.
Section
515D.4,
subsection
2,
paragraph
a,
Code
34
2021,
is
amended
to
read
as
follows:
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a.
The
named
insured
or
any
operator
who
either
resides
1
in
the
same
household
or
customarily
operates
an
automobile
2
insured
under
the
policy
has
that
person’s
driver’s
license
3
suspended
or
revoked
during
the
policy
term
or,
if
the
policy
4
is
a
renewal,
during
its
term
or
the
one
hundred
eighty
days
5
immediately
preceding
its
effective
date.
any
of
the
following:
6
(1)
The
term
of
the
policy.
7
(2)
The
term
of
a
renewal
policy.
8
(3)
Within
one
hundred
eighty
calendar
days
immediately
9
preceding
the
effective
date
of
a
renewal
of
the
policy.
10
Sec.
31.
Section
515D.4,
subsection
3,
Code
2021,
is
amended
11
to
read
as
follows:
12
3.
This
section
shall
not
apply
to
any
policy
or
coverage
13
which
has
been
in
effect
less
than
sixty
calendar
days
at
the
14
time
notice
of
cancellation
is
mailed
or
delivered
by
the
15
insurer
unless
it
is
a
renewal
policy.
This
section
shall
not
16
apply
to
the
nonrenewal
of
a
policy.
17
Sec.
32.
Section
515D.5,
Code
2021,
is
amended
to
read
as
18
follows:
19
515D.5
Delivery
of
notice.
20
1.
a.
Notwithstanding
the
provisions
of
section
515.129A
,
21
a
notice
of
cancellation
of
a
policy
shall
not
be
effective
22
unless
mailed
or
delivered
by
the
insurer
to
the
named
insured
23
at
least
thirty
calendar
days
prior
to
the
effective
date
of
24
cancellation,
or,
where
the
cancellation
is
for
nonpayment
of
25
premium
notwithstanding
the
provisions
of
section
515.129A
,
26
at
least
ten
calendar
days
prior
to
the
date
of
cancellation.
27
A
post
office
department
certificate
of
mailing
to
the
named
28
insured
at
the
address
shown
in
the
policy
shall
be
proof
29
of
receipt
of
such
mailing.
Unless
the
reason
accompanies
30
the
notice
of
cancellation,
the
notice
shall
state
that
upon
31
written
request
of
the
named
insured,
mailed
or
delivered
to
32
the
insurer
not
less
than
fifteen
calendar
days
prior
to
the
33
date
of
cancellation,
the
insurer
will
state
the
reason
for
34
cancellation
together
with
notification
of
the
right
to
a
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hearing
before
the
commissioner
within
fifteen
calendar
days
as
1
provided
in
this
chapter
.
2
b.
When
the
reason
does
not
accompany
the
notice
of
3
cancellation,
the
insurer
shall,
upon
receipt
of
a
timely
4
request
by
the
named
insured,
state
in
writing
the
reason
5
for
cancellation.
A
statement
of
reason
shall
be
mailed
or
6
delivered
to
the
named
insured
within
five
calendar
days
after
7
receipt
of
a
request.
8
2.
A
notice
of
exclusion
of
a
person
under
a
policy
pursuant
9
to
section
515D.4
,
is
not
effective
unless
written
notice
10
is
mailed
or
delivered
to
the
named
insured
at
least
twenty
11
calendar
days
prior
to
the
effective
date
of
the
exclusion.
12
The
written
notice
shall
state
the
reason
for
the
exclusion,
13
together
with
notification
of
the
right
to
a
hearing
before
14
the
commissioner
pursuant
to
section
515D.10
within
fifteen
15
calendar
days
of
receipt
or
delivery
of
a
statement
of
reason
16
as
provided
in
this
section
.
17
Sec.
33.
Section
515D.6,
Code
2021,
is
amended
to
read
as
18
follows:
19
515D.6
Prohibited
reasons
for
nonrenewal
.
20
1.
No
insurer
shall
refuse
to
renew
a
policy
solely
because
21
of
age,
residence,
sex,
race,
color,
creed,
or
occupation
of
22
an
insured
.
23
2.
No
insurer
shall
require
a
physical
examination
of
a
24
policyholder
as
a
condition
for
renewal
solely
on
the
basis
of
25
age
or
other
arbitrary
reason.
In
the
event
that
an
insurer
26
requires
a
physical
examination
of
a
policyholder,
the
burden
27
of
proof
in
establishing
reasonable
and
sufficient
grounds
for
28
such
requirement
shall
rest
with
the
insurer
and
the
expenses
29
incident
to
such
examination
shall
be
borne
by
the
insurer.
30
Sec.
34.
Section
515D.7,
Code
2021,
is
amended
to
read
as
31
follows:
32
515D.7
Notice
of
intent.
33
1.
Notwithstanding
the
provisions
of
sections
515.125
,
34
515.128
,
515.129B
,
and
515.129C
,
an
insurer
shall
not
fail
to
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renew
a
policy
except
by
notice
to
the
insured
as
provided
1
in
this
chapter
.
A
notice
of
intention
not
to
renew
shall
2
not
be
effective
unless
mailed
or
delivered
by
the
insurer
3
to
the
named
insured
at
least
thirty
calendar
days
prior
to
4
the
expiration
date
of
the
policy.
A
post
office
department
5
certificate
of
mailing
to
the
named
insured
at
the
address
6
shown
in
the
policy
shall
be
proof
of
receipt
of
such
mailing.
7
Unless
the
reason
accompanies
the
notice
of
intent
not
to
8
renew,
the
notice
shall
state
that,
upon
written
request
of
9
the
named
insured,
mailed
or
delivered
to
the
insurer
not
less
10
than
thirty
calendar
days
prior
to
the
expiration
date
of
the
11
policy,
the
insurer
will
state
the
reason
for
nonrenewal.
12
2.
When
the
reason
does
not
accompany
the
notice
of
intent
13
not
to
renew,
the
insurer
shall,
upon
receipt
of
a
timely
14
request
by
the
named
insured,
state
in
writing
the
reason
15
for
nonrenewal,
together
with
notification
of
the
right
to
a
16
hearing
before
the
commissioner
within
fifteen
calendar
days
17
as
provided
herein.
A
statement
of
reason
shall
be
mailed
or
18
delivered
to
the
named
insured
within
ten
days
after
receipt
19
of
a
request.
20
3.
This
section
shall
not
apply:
21
a.
If
the
insurer
has
manifested
its
willingness
to
renew.
22
b.
If
the
insured
fails
to
pay
any
premium
due
or
any
23
advance
premium
required
by
the
insurer
for
renewal.
24
c.
If
the
insured
is
transferred
from
an
insurer
to
25
an
affiliate
for
future
coverage
as
a
result
of
a
merger,
26
acquisition,
or
company
restructuring
and
if
the
transfer
27
results
in
the
same
or
broader
coverage.
28
Sec.
35.
Section
515D.10,
Code
2021,
is
amended
to
read
as
29
follows:
30
515D.10
Hearing
before
commissioner.
31
Any
named
insured
who
has
received
a
statement
of
reason
32
for
cancellation,
or
of
reason
for
an
insurer’s
intent
not
33
to
renew
a
policy,
may,
within
fifteen
calendar
days
of
the
34
receipt
or
delivery
of
a
statement
of
reason,
request
a
hearing
35
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28/
50
S.F.
_____
H.F.
_____
before
the
commissioner
of
insurance.
The
purpose
of
this
1
hearing
shall
be
limited
to
establishing
the
existence
of
the
2
proof
or
evidence
used
stated
by
the
insurer
in
as
its
reason
3
for
cancellation
or
intent
not
to
renew.
The
burden
of
proof
4
of
the
reason
for
cancellation
or
intent
not
to
renew
shall
5
be
upon
the
insurer.
Other
than
the
sharing
of
information
6
required
by
this
chapter
and
the
rules
adopted
pursuant
to
7
the
provisions
of
this
chapter
,
the
commissioner
shall
keep
8
confidential
the
information
obtained
from
the
insured
or
in
9
the
hearing
process,
pursuant
to
section
505.8,
subsection
8
.
10
The
commissioner
of
insurance
shall
adopt
rules
for
carrying
11
out
pursuant
to
chapter
17A
to
implement
the
provisions
of
this
12
section
.
13
Sec.
36.
Section
515F.2,
Code
2021,
is
amended
by
adding
the
14
following
new
unnumbered
paragraph:
15
NEW
UNNUMBERED
PARAGRAPH
.
As
used
in
this
chapter,
unless
16
the
context
otherwise
requires:
17
Sec.
37.
Section
515F.2,
Code
2021,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
2A.
“Commissioner”
means
the
commissioner
20
of
insurance.
21
Sec.
38.
Section
515F.8,
subsection
3,
paragraph
a,
Code
22
2021,
is
amended
by
adding
the
following
new
subparagraph:
23
NEW
SUBPARAGRAPH
.
(7)
A
license
fee
as
established
by
the
24
commissioner
by
rule.
25
Sec.
39.
Section
515F.8,
subsection
3,
paragraph
d,
Code
26
2021,
is
amended
to
read
as
follows:
27
d.
Duration.
A
license
issued
under
this
section
shall
28
remain
in
effect
for
one
year
three
years
unless
the
license
29
is
suspended
or
revoked.
The
commissioner
may,
at
any
time
30
after
hearing,
revoke
or
suspend
the
license
of
an
advisory
31
organization
which
does
not
comply
with
the
requirements
and
32
standards
of
this
chapter
.
33
Sec.
40.
Section
515F.32,
Code
2021,
is
amended
by
adding
34
the
following
new
unnumbered
paragraph:
35
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S.F.
_____
H.F.
_____
NEW
UNNUMBERED
PARAGRAPH
.
As
used
in
this
subchapter,
1
unless
the
context
otherwise
requires:
2
Sec.
41.
Section
515F.32,
subsection
3,
Code
2021,
is
3
amended
to
read
as
follows:
4
3.
“Insurer”
includes
all
companies
or
associations
licensed
5
to
transact
insurance
business
in
this
state
under
chapters
6
515
,
518
,
and
518A
,
reciprocal
insurers
issued
a
certificate
7
of
authority
pursuant
to
chapter
520,
and
companies
or
8
associations
admitted
or
seeking
to
be
admitted
to
do
business
9
in
this
state
under
any
of
those
chapters,
notwithstanding
any
10
provision
of
the
Code
to
the
contrary.
11
Sec.
42.
Section
515F.36,
subsection
2,
paragraph
a,
12
subparagraphs
(1)
and
(2),
Code
2021,
are
amended
to
read
as
13
follows:
14
(1)
American
property
casualty
insurance
association.
15
(2)
Property
casualty
insurers
association
of
America
16
National
association
of
mutual
insurance
companies
.
17
Sec.
43.
NEW
SECTION
.
515F.39
Cancellation
or
nonrenewal
18
——
FAIR
notice.
19
If
basic
property
insurance
coverage
is
canceled
or
not
20
renewed
other
than
for
nonpayment
of
a
premium
pursuant
to
21
section
515.125,
515.126,
515.127,
515.128,
518.23,
or
518A.29,
22
the
insurer
shall
notify
the
named
insured
that
the
named
23
insured
may
be
eligible
for
basic
property
insurance
through
24
the
FAIR
plan.
The
notice
shall
accompany
the
notice
of
25
cancellation
or
the
intent
not
to
renew.
26
Sec.
44.
Section
515I.4,
subsection
1,
paragraph
a,
Code
27
2021,
is
amended
to
read
as
follows:
28
a.
Capital
and
surplus
or
its
equivalent
under
the
laws
of
29
the
insurer’s
domiciliary
jurisdiction
which
equals
the
greater
30
of
either
greatest
of
the
following:
31
(1)
The
minimum
capital
and
surplus
requirements
under
the
32
laws
of
this
state.
33
(2)
Fifteen
million
dollars.
34
(3)
The
risk-based
capital
level
requirements
pursuant
to
35
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_____
H.F.
_____
chapter
521E.
1
Sec.
45.
Section
520.12,
subsection
2,
Code
2021,
is
amended
2
to
read
as
follows:
3
2.
A
reciprocal
or
interinsurance
insurer
shall
submit
4
annually,
on
or
before
March
1,
a
completed
application
for
5
renewal
of
the
insurer’s
certificate
of
authority.
An
insurer
6
that
fails
to
timely
file
an
application
for
renewal
shall
pay
7
an
administrative
fee
of
five
hundred
dollars
to
the
treasurer
8
of
state
for
deposit
as
provided
in
section
505.7
to
the
9
commissioner
of
insurance
as
established
by
the
commissioner
of
10
insurance
by
rule
.
11
Sec.
46.
Section
521.18,
Code
2021,
is
amended
to
read
as
12
follows:
13
521.18
Articles
of
merger
or
consolidation
——
filing
fees
14
and
approval.
15
A
company
filing
a
plan
to
merge
or
consolidate
under
the
16
provisions
of
this
chapter
shall
file
its
articles
of
merger
17
or
consolidation
with
the
commission
for
its
approval.
The
18
fee
for
filing
articles
of
merger
or
consolidation
with
19
the
commission
is
fifty
dollars
shall
be
established
by
the
20
commissioner
by
rule
.
21
Sec.
47.
Section
522.9,
subsection
1,
Code
2021,
is
amended
22
to
read
as
follows:
23
1.
If
an
insurer
fails,
without
just
cause,
to
file
an
24
own
risk
and
solvency
assessment
summary
report
by
the
filing
25
date
stipulated
to
the
commissioner
pursuant
to
section
522.5,
26
subsection
1
,
paragraph
“c”
,
the
commissioner
shall,
after
27
notice
and
hearing,
impose
a
penalty
of
five
hundred
dollars
28
for
each
calendar
day
after
the
stipulated
date
that
the
29
summary
report
is
not
filed.
The
penalties
shall
be
collected
30
by
the
commissioner
and
deposited
in
the
general
fund
of
the
31
state
pursuant
to
section
505.7
.
The
maximum
penalty
which
may
32
be
imposed
under
this
section
is
fifty
thousand
dollars.
33
Sec.
48.
Section
522A.5,
Code
2021,
is
amended
to
read
as
34
follows:
35
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_____
H.F.
_____
522A.5
Fees
Counter
employee
——
license
fee
.
1
The
fee
for
a
counter
employee
license
shall
be
fifty
dollars
2
per
counter
employee
established
by
the
commissioner
by
rule
.
3
In
no
case
shall
any
combined
fees
exceed
one
thousand
dollars
4
in
any
calendar
year
for
any
one
rental
company
or
limited
5
license
or
licensee
or
renewal
license.
The
fees
collected
6
under
this
section
shall
be
deposited
as
provided
in
section
7
505.7
.
8
Sec.
49.
Section
522B.5,
subsection
1,
paragraph
c,
Code
9
2021,
is
amended
to
read
as
follows:
10
c.
The
individual
has
paid
the
license
fee
of
fifty
dollars
11
established
by
the
commissioner
by
rule
.
12
Sec.
50.
Section
522E.4,
subsection
1,
paragraph
c,
Code
13
2021,
is
amended
to
read
as
follows:
14
c.
An
application
fee
of
the
lesser
of
fifty
dollars
per
15
each
endorsee
at
a
location
of
the
vendor
or
five
hundred
16
dollars
per
location
valid
for
a
three-year
period
and,
for
17
each
three-year
period
thereafter,
a
renewal
fee
in
the
same
18
amount.
A
maximum
fee
of
five
thousand
dollars
shall
apply
19
for
licensure
of
a
portable
electronics
vendor
with
multiple
20
locations
established
by
the
commissioner
by
rule
.
The
fees
21
collected
shall
be
deposited
as
provided
in
section
505.7
.
22
DIVISION
III
23
CEMETERY
AND
FUNERAL
MERCHANDISE
AND
FUNERAL
SALES
24
Sec.
51.
Section
523A.204,
subsections
1
and
2,
Code
2021,
25
are
amended
to
read
as
follows:
26
1.
A
preneed
seller
shall
file
an
annual
report
with
the
27
commissioner
not
later
than
April
1
of
each
year
an
annual
28
report
15
on
a
form
prescribed
by
the
commissioner.
29
2.
A
preneed
seller
filing
an
annual
report
shall
pay
a
30
filing
fee
of
ten
dollars
established
by
the
commissioner
by
31
rule
per
purchase
agreement
sold
during
the
year
covered
by
32
the
report.
Duplicate
filing
fees
are
not
required
for
the
33
same
purchase
agreement.
If
a
purchase
agreement
has
multiple
34
sellers,
the
filing
fee
shall
be
paid
by
the
preneed
seller
35
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H.F.
_____
actually
providing
the
merchandise
and
services.
1
Sec.
52.
Section
523A.204,
Code
2021,
is
amended
by
adding
2
the
following
new
subsection:
3
NEW
SUBSECTION
.
4.
The
commissioner
may
impose
a
late
4
fee,
established
by
the
commissioner
by
rule,
for
each
day
5
after
April
15
that
a
preneed
seller
fails
to
file
the
preneed
6
seller’s
annual
report.
The
maximum
late
fee
that
may
be
7
imposed
under
this
subsection
is
five
hundred
dollars.
The
fee
8
shall
be
collected
by
the
commissioner
and
deposited
pursuant
9
to
section
505.7.
10
Sec.
53.
Section
523A.501,
subsections
7
and
8,
Code
2021,
11
are
amended
to
read
as
follows:
12
7.
A
preneed
seller’s
license
expires
shall
expire
annually
13
on
April
15
30
.
If
the
a
preneed
seller
has
filed
a
complete
14
an
annual
report
pursuant
to
section
523A.204,
subsection
1,
15
and
paid
the
required
fees
as
required
in
section
523A.204
,
the
16
commissioner
shall
renew
the
preneed
seller’s
license
until
17
April
15
30
of
the
following
year.
18
8.
The
commissioner
may
by
rule
create
or
accept
a
19
multijurisdiction
preneed
seller’s
license.
If
the
preneed
20
seller’s
license
is
issued
by
another
jurisdiction,
the
rules
21
shall
require
the
filing
of
an
application
or
notice
form
and
22
payment
of
the
applicable
filing
fee
of
fifty
dollars
for
an
23
application
established
by
the
commissioner
by
rule
.
The
24
application
or
notice
form
utilized
and
the
effective
dates
and
25
terms
of
the
license
may
vary
from
the
provisions
set
forth
in
26
this
section
.
27
Sec.
54.
Section
523A.502,
subsection
5,
Code
2021,
is
28
amended
to
read
as
follows:
29
5.
A
sales
license
shall
expire
annually
on
April
15
30
.
If
30
the
a
sales
agent
has
filed
a
substantially
complete
an
annual
31
report
as
required
in
pursuant
to
section
523A.502A
,
subsection
32
1,
and
has
fulfilled
the
continuing
education
requirements
33
pursuant
to
subsection
6,
the
commissioner
shall
renew
the
34
sales
agent’s
sales
license
until
April
15
30
of
the
following
35
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_____
H.F.
_____
year.
1
Sec.
55.
Section
523A.502A,
subsection
1,
Code
2021,
is
2
amended
to
read
as
follows:
3
1.
A
No
later
than
April
15,
a
sales
agent
shall
file
an
4
annual
report
with
the
commissioner
not
later
than
April
1
5
of
each
year
an
annual
report
on
a
form
prescribed
by
the
6
commissioner
describing
each
purchase
agreement
sold
by
the
7
sales
agent
during
the
year.
An
annual
report
must
be
filed
8
whether
or
not
sales
were
made
a
sales
agent
sold
any
purchase
9
agreements
during
the
year
and
even
if
the
whether
or
not
a
10
sales
agent
is
no
longer
still
an
agent
of
a
preneed
seller
or
11
is
still
licensed
by
the
commissioner.
12
Sec.
56.
Section
523A.502A,
Code
2021,
is
amended
by
adding
13
the
following
new
subsection:
14
NEW
SUBSECTION
.
3.
The
commissioner
may
impose
a
late
fee,
15
established
by
the
commissioner
by
rule,
for
each
day
after
16
April
15
that
a
sales
agent
fails
to
file
the
sales
agent’s
17
annual
report.
The
maximum
late
fee
that
may
be
imposed
18
pursuant
to
this
section
is
five
hundred
dollars.
The
fee
19
shall
be
collected
by
the
commissioner
and
deposited
pursuant
20
to
section
505.7.
21
Sec.
57.
Section
523A.601,
subsection
4,
Code
2021,
is
22
amended
by
striking
the
subsection
and
inserting
in
lieu
23
thereof
the
following:
24
4.
All
purchase
agreements,
including
a
purchase
agreement
25
delivered
or
executed
by
electronic
means,
must
have
a
sales
26
agent
identified.
A
purchase
agreement,
including
a
purchase
27
agreement
delivered
or
executed
by
electronic
means,
shall
28
be
reviewed
by
the
sales
agent
identified
and
named
in
the
29
purchase
agreement
pursuant
to
subsection
1,
paragraph
“a”
,
and
30
signed
by
the
purchaser
and
seller.
If
the
purchase
agreement
31
is
for
mortuary
science
services
as
“mortuary
science”
is
32
defined
in
section
156.1,
the
purchase
agreement
must
also
be
33
signed
by
a
person
licensed
to
deliver
funeral
services.
34
Sec.
58.
Section
523A.807,
subsection
3,
unnumbered
35
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_____
H.F.
_____
paragraph
1,
Code
2021,
is
amended
to
read
as
follows:
1
If
the
commissioner
finds
that
a
person
has
violated
section
2
523A.201
,
523A.202
,
523A.203
,
523A.204,
523A.207
,
523A.401
,
3
523A.402
,
523A.403
,
523A.404
,
523A.405
,
523A.501
,
or
523A.502
,
4
or
523A.502A,
or
any
rule
adopted
pursuant
thereto,
the
5
commissioner
may
order
any
or
all
of
the
following:
6
Sec.
59.
Section
523A.812,
Code
2021,
is
amended
to
read
as
7
follows:
8
523A.812
Insurance
division
regulatory
fund.
9
The
insurance
division
may
authorize
the
creation
of
a
10
special
revenue
fund
in
the
state
treasury,
to
be
known
as
the
11
insurance
division
regulatory
fund.
The
commissioner
shall
12
allocate
annually
from
the
filing
fees
paid
pursuant
to
section
13
523A.204
,
two
dollars
an
amount
established
by
the
commissioner
14
by
rule
for
each
purchase
agreement
reported
on
a
preneed
15
seller’s
annual
report
filed
pursuant
to
section
523A.204
for
16
deposit
to
the
regulatory
fund.
The
remainder
of
the
fees
17
collected
pursuant
to
section
523A.204
shall
be
deposited
18
as
provided
in
section
505.7
.
The
commissioner
shall
also
19
allocate
annually
the
examination
fees
paid
pursuant
to
section
20
523A.814
and
any
examination
expense
reimbursement
for
deposit
21
to
the
regulatory
fund.
The
moneys
in
the
regulatory
fund
22
shall
be
retained
in
the
fund.
The
moneys
are
appropriated
23
and,
subject
to
authorization
by
the
commissioner,
may
be
used
24
to
pay
examiners,
examination
expenses,
investigative
expenses,
25
the
expenses
of
mediation
ordered
by
the
commissioner,
consumer
26
education
expenses,
the
expenses
of
a
toll-free
telephone
27
line
to
receive
consumer
complaints,
and
the
expenses
of
28
receiverships
established
under
section
523A.811
.
If
the
29
commissioner
determines
that
funding
is
not
otherwise
available
30
to
reimburse
the
expenses
of
a
person
who
receives
title
31
to
a
cemetery
subject
to
chapter
523I
,
pursuant
to
such
32
a
receivership,
the
commissioner
shall
use
moneys
in
the
33
regulatory
fund
as
necessary
to
preserve,
protect,
restore,
34
and
maintain
the
physical
integrity
of
that
cemetery
and
to
35
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H.F.
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satisfy
claims
or
demands
for
cemetery
merchandise,
funeral
1
merchandise,
and
funeral
services
based
on
purchase
agreements
2
which
the
commissioner
determines
are
just
and
outstanding.
3
An
annual
allocation
to
the
regulatory
fund
shall
not
be
4
imposed
if
the
current
balance
of
the
fund
exceeds
five
hundred
5
thousand
dollars.
6
Sec.
60.
Section
523A.814,
Code
2021,
is
amended
to
read
as
7
follows:
8
523A.814
Examination
fee.
9
In
addition
to
the
filing
fee
paid
pursuant
to
section
10
523A.204,
subsection
2
,
a
seller
filing
an
annual
report
11
shall
pay
an
examination
fee
in
the
amount
of
five
dollars
12
established
by
the
commissioner
by
rule
for
each
purchase
13
agreement
subject
to
a
filing
fee
that
is
sold
between
July
1,
14
2005,
and
December
31,
2007,
and
in
the
amount
of
ten
dollars
15
for
each
purchase
agreement
subject
to
a
filing
fee
that
is
16
sold
after
December
31,
2007
.
17
DIVISION
IV
18
RESIDENTIAL
AND
MOTOR
VEHICLE
SERVICE
CONTRACTS
19
Sec.
61.
Section
523C.3,
subsection
2,
Code
2021,
is
amended
20
to
read
as
follows:
21
2.
The
application
shall
be
accompanied
by
all
of
the
22
following:
23
a.
A
license
fee
in
the
amount
of
five
hundred
dollars
24
established
by
the
commissioner
by
rule
.
25
b.
If
applicable,
a
fee
in
the
amount
of
fifty
dollars
26
established
by
the
commissioner
by
rule
for
each
motor
vehicle
27
service
contract
form
submitted
in
an
application
as
provided
28
in
subsection
1
,
paragraph
“f”
.
29
Sec.
62.
Section
523C.4,
subsection
3,
paragraphs
a,
b,
and
30
c,
Code
2021,
are
amended
to
read
as
follows:
31
a.
A
license
renewal
fee
in
the
amount
of
five
hundred
32
dollars
established
by
the
commissioner
by
rule
.
33
b.
If
applicable,
a
fee
in
the
amount
of
three
percent
34
percentage
established
by
the
commissioner
by
rule
of
the
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_____
aggregate
amount
of
payments
the
licensee
received
for
the
sale
1
or
issuance
of
residential
service
contracts
in
this
state
2
during
the
preceding
fiscal
year
,
provided
that
such
fee
shall
3
be
no
less
than
one
hundred
dollars
and
no
greater
than
fifty
4
thousand
dollars
.
5
c.
If
applicable,
a
fee
in
the
amount
of
fifty
dollars
6
established
by
the
commissioner
by
rule
for
each
motor
7
vehicle
service
contract
form
submitted
in
a
with
the
renewal
8
application
pursuant
to
subsection
2,
and
as
provided
in
9
section
523C.3,
subsection
1
,
paragraph
“f”
.
10
Sec.
63.
Section
523C.24,
subsection
2,
Code
2021,
is
11
amended
to
read
as
follows:
12
2.
The
commissioner
shall
deposit
in
the
service
company
13
oversight
fund
an
amount
equal
to
one-third
of
all
licensing,
14
examination,
renewal,
and
inspection
fees
collected
under
this
15
chapter
,
provided
that
the
maximum
amount
of
fees
deposited
16
in
the
fund
each
fiscal
year
shall
not
exceed
five
hundred
17
thousand
dollars
an
amount
established
by
the
commissioner
by
18
rule
.
Any
remaining
fees
collected
under
this
chapter
and
19
not
deposited
in
the
service
company
oversight
fund
shall
be
20
deposited
as
provided
in
section
505.7
.
21
DIVISION
V
22
RETIREMENT
FACILITIES
23
Sec.
64.
Section
523D.2A,
unnumbered
paragraph
1,
Code
24
2021,
is
amended
to
read
as
follows:
25
On
or
before
March
1
of
each
year,
a
provider
shall
26
file
a
certification
with
the
commissioner
in
a
manner
and
27
according
to
in
compliance
with
requirements
established
by
the
28
commissioner
by
rule
.
The
certification
shall
be
accompanied
29
by
a
one
hundred
dollar
administrative
fee
which
fee
in
an
30
amount
established
by
the
commissioner
by
rule
and
shall
be
31
deposited
as
provided
in
section
505.7
.
The
certification
32
shall
attest
that
according
to
the
best
knowledge
and
belief
of
33
the
attesting
party,
the
facility
administered
by
the
provider
34
is
in
compliance
with
the
provisions
of
this
chapter
,
including
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H.F.
_____
rules
adopted
by
the
commissioner
or
and
orders
issued
by
the
1
commissioner
as
authorized
under
this
chapter
.
The
attesting
2
person
may
be
any
of
the
following:
3
DIVISION
VI
4
IOWA
CEMETERY
ACT
5
Sec.
65.
Section
523I.102,
subsection
6,
Code
2021,
is
6
amended
by
adding
the
following
new
paragraph:
7
NEW
PARAGRAPH
.
d.
A
cemetery
under
the
jurisdiction
and
8
control
of
a
cemetery
commission
pursuant
to
section
331.325,
9
subsection
3,
paragraph
“c”
.
10
Sec.
66.
Section
523I.213,
Code
2021,
is
amended
to
read
as
11
follows:
12
523I.213
Insurance
division’s
enforcement
fund.
13
A
special
revenue
fund
in
the
state
treasury,
to
be
known
as
14
the
insurance
division’s
enforcement
fund,
is
created
under
the
15
authority
of
the
commissioner.
The
commissioner
shall
allocate
16
annually
from
the
examination
fees
paid
pursuant
to
section
17
523I.808
,
an
amount
not
exceeding
fifty
thousand
dollars,
for
18
deposit
to
all
examination
fees
collected
pursuant
to
section
19
523I.808
in
the
insurance
division’s
enforcement
fund.
The
20
moneys
in
the
enforcement
fund
shall
be
retained
in
the
fund.
21
The
moneys
are
appropriated
and,
subject
to
authorization
by
22
the
commissioner,
shall
be
used
to
pay
examiners,
examination
23
expenses,
investigative
expenses,
the
expenses
of
consumer
24
education,
compliance,
and
education
programs
for
filers
and
25
other
regulated
persons,
and
educational
or
compliance
program
26
materials,
the
expenses
of
a
toll-free
telephone
line
for
27
consumer
complaints,
and
the
expenses
of
receiverships
of
28
perpetual
care
cemeteries
established
under
section
523I.212
.
29
Sec.
67.
Section
523I.301,
subsections
1
and
2,
Code
2021,
30
are
amended
to
read
as
follows:
31
1.
A
cemetery
shall
disclose,
prior
to
the
sale
of
interment
32
rights,
whether
opening
and
closing
of
the
interment
space
is
33
services
are
included
in
the
purchase
of
the
interment
rights.
34
If
opening
and
closing
services
are
not
included
in
the
sale
of
35
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_____
H.F.
_____
interment
rights
and
the
cemetery
offers
opening
and
closing
1
services,
the
cemetery
must
disclose
that
the
price
for
this
2
service
opening
and
closing
services
is
subject
to
change
3
and
must
disclose
the
current
prices
for
opening
and
closing
4
services
provided
by
the
cemetery.
5
2.
The
cemetery
shall
fully
disclose
all
fees
required
for
6
interment,
entombment,
or
inurnment
,
or
disinterment
of
human
7
remains.
8
Sec.
68.
Section
523I.309,
subsection
6,
Code
2021,
is
9
amended
to
read
as
follows:
10
6.
A
cemetery
may
shall
disinter
and
relocate
remains
11
interred
in
the
cemetery
for
the
purpose
of
correcting
an
error
12
made
by
the
cemetery
after
obtaining
a
disinterment
permit
13
as
required
by
section
144.34
,
unless
the
interested
parties
14
have
a
written
agreement
directing
otherwise.
The
cemetery
15
shall
bear
the
costs
of
the
disinterment
and
relocation
.
The
16
cemetery
shall
provide
written
notice
describing
the
error
17
to
the
commissioner
and
to
the
person
who
has
the
right
to
18
control
the
interment,
relocation,
or
disinterment
of
the
19
remains
erroneously
interred,
by
restricted
certified
mail
at
20
the
person’s
last
known
address
and
sixty
days
prior
to
the
21
disinterment.
The
notice
shall
include
the
location
where
the
22
disinterment
will
occur
and
the
location
of
the
new
interment
23
space.
A
cemetery
is
not
civilly
or
criminally
liable
for
an
24
erroneously
made
interment
that
is
corrected
in
compliance
25
with
this
subsection
unless
the
error
was
the
result
of
gross
26
negligence
or
intentional
misconduct.
27
Sec.
69.
Section
523I.808,
Code
2021,
is
amended
to
read
as
28
follows:
29
523I.808
Examination
Annual
report
——
examination
fee.
30
An
examination
fee
,
established
by
the
commissioner
by
rule,
31
for
each
certificate
of
internment
rights
issued
during
the
32
time
period
covered
by
the
report
shall
be
submitted
with
the
a
33
perpetual
care
cemetery’s
annual
report
in
an
amount
equal
to
34
five
dollars
for
each
certificate
of
interment
rights
issued
35
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_____
H.F.
_____
during
the
time
period
covered
by
the
report
filed
pursuant
to
1
section
523I.813
.
The
cemetery
may
charge
the
examination
fee
2
directly
to
the
purchaser
of
the
interment
rights.
3
Sec.
70.
Section
523I.813,
subsection
3,
Code
2021,
is
4
amended
by
striking
the
subsection
and
inserting
in
lieu
5
thereof
the
following:
6
3.
The
commissioner
may
assess
a
late
fee,
established
7
by
the
commissioner
by
rule,
for
each
day
after
the
date
on
8
which
a
perpetual
care
cemetery’s
annual
report
is
due
that
the
9
perpetual
care
cemetery
fails
to
file
the
report.
The
late
fee
10
shall
be
collected
by
the
commissioner
and
deposited
pursuant
11
to
section
505.7.
12
DIVISION
VII
13
STATE
INNOVATION
WAIVER
14
Sec.
71.
NEW
SECTION
.
505.18A
State
innovation
waivers.
15
1.
The
commissioner
of
insurance
may
develop
by
rule
16
a
state
innovation
waiver
pursuant
to
section
1332
of
the
17
federal
Patient
Protection
and
Affordable
Care
Act,
Pub.
L.
No.
18
111-148.
19
2.
The
commissioner
of
insurance
may
submit
an
application
20
on
behalf
of
the
state
to
the
United
States
secretary
of
health
21
and
human
services
and
the
United
States
secretary
of
the
22
treasury
for
the
state
innovation
waiver
developed
pursuant
to
23
subsection
1.
24
3.
If
a
state
innovation
waiver
submitted
pursuant
to
25
subsection
2
is
approved
by
the
United
States
secretary
of
26
health
and
human
services
and
the
United
States
secretary
of
27
the
treasury,
the
commissioner
of
insurance
may
implement
the
28
state
innovation
waiver
in
a
manner
consistent
with
applicable
29
state
and
federal
law.
30
4.
The
commissioner
of
insurance
may
adopt
emergency
31
rules
under
section
17A.4,
subsection
3,
and
section
17A.5,
32
subsection
2,
paragraph
“b”,
to
implement
the
provisions
of
33
this
section
and
the
rules
shall
be
effective
immediately
upon
34
filing
unless
a
later
date
is
specified
in
the
rules.
Any
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rules
adopted
in
accordance
with
this
section
shall
also
be
1
published
as
a
notice
of
intended
action
as
provided
in
section
2
17A.4.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
relates
to
various
matters
under
the
purview
of
the
7
insurance
division
of
the
department
of
commerce.
The
bill
is
8
organized
into
seven
divisions.
9
DIVISION
I
——
UNIFORM
SECURITIES.
Code
section
502.304A
10
(expedited
registration
by
filing
for
small
issuers)
is
amended
11
to
provide
that
an
issuer,
and
a
person
registering
as
an
12
agent
of
the
issuer,
must
pay
the
administrator
a
registration
13
fee
established
by
the
administrator,
rather
than
the
set
14
fee
amounts
of
$100
(issuer)
and
$10
(person
registering
as
15
an
agent)
required
by
current
law.
Code
section
502.321G
16
(fees)
is
amended
to
change
the
nonrefundable
fee
for
a
17
registration
statement
filed
by
an
offeror
from
$250
to
an
18
amount
established
by
the
administrator.
19
Code
section
502.410
(filing
fees)
is
amended
to
change
20
the
broker-dealer
filing
fee
for
an
application
or
renewal
21
registration
from
$200
to
an
amount
established
by
the
22
administrator.
In
addition,
the
filing
fee
for
registration
23
or
renewal
as
an
agent
is
amended
from
$40
to
an
amount
24
established
by
the
administrator.
Of
the
agent
registration
25
fees
collected,
25
percent
are
appropriated
to
the
securities
26
investor
education
and
financial
literacy
training
fund.
27
Current
law
provides
that
$10
of
every
$40
fee
collected
28
goes
to
the
fund.
The
filing
fee
for
an
investment
adviser
29
application
or
renewal
registration
is
amended
from
$100
to
30
an
amount
established
by
the
administrator.
The
bill
also
31
amends
the
filing
fees
for
an
investment
adviser
representative
32
application,
renewal
registration,
and
change
of
registration
33
from
$30
to
an
amount
established
by
the
administrator.
A
34
federal
covered
investment
adviser
must
pay
an
initial
fee
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and
an
annual
notice
fee
in
an
amount
established
by
the
1
administrator,
rather
than
the
$100
fee
required
under
current
2
law.
3
DIVISION
II
——
INSURANCE.
The
bill
amends
Code
section
4
505.30
(service
of
process
on
the
commissioner)
to
specify
5
that
the
commissioner
of
insurance
(commissioner)
may
set
a
6
reasonable
fee
for
service
made
on
the
commissioner.
7
The
bill
amends
Code
section
507A.4
(transactions
where
law
8
not
applicable)
and
provides
that
Code
chapter
507A
does
not
9
apply
to
a
multiple
employer
welfare
arrangement
(MEWA)
or
a
10
MEWA
formed
as
an
association
health
plan
(AHP)
that
meets
the
11
requirements
of
Code
chapter
513D.
The
bill
strikes
current
12
Code
section
513D.1
(association
health
plans)
and
replaces
it
13
with
new
provisions
which
detail
the
requirements
for
MEWAs
and
14
AHPs
that
offer
a
plan
to,
or
that
maintain
a
group
health
plan
15
for,
any
resident
of
Iowa.
“AHP”
and
“MEWA”
are
defined
in
the
16
bill.
17
The
bill
details
the
requirements
of
the
annual
filings
with
18
the
commissioner
required
of
registered
AHPs
and
MEWAs.
The
19
bill
provides
that
a
MEWA
that
is
recognized
as
tax-exempt
20
under
Internal
Revenue
Code
section
501(c)(9),
and
that
is
21
registered
with
the
commissioner
prior
to
January
1,
2018,
22
shall
not
be
considered
an
AHP
unless
the
MEWA
affirmatively
23
elects
to
be
treated
as
an
AHP.
The
bill
makes
conforming
24
changes
to
Code
section
513D.2
(rules
and
enforcement).
25
Code
section
507B.7
(cease
and
desist
orders)
is
amended
26
to
provide
that
a
person
who
violates
any
order
of
the
27
commissioner,
rather
than
just
a
cease
and
desist
order
as
is
28
in
current
law,
may,
after
notice
and
hearing
be
subject
to
a
29
monetary
penalty
and
suspension
or
revocation
of
the
person’s
30
license.
31
Code
section
507E.2
(purpose)
is
amended
by
the
bill
to
32
require
that
an
insurance
fraud
bureau
investigator
be
no
more
33
than
65
years
of
age.
Current
law
does
not
place
an
upper
34
limit
on
the
age
for
insurance
fraud
bureau
investigators.
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The
bill
broadens
the
definition
of
“insurer”
in
Code
1
section
507E.2A
(definitions)
to
include
any
corporation,
2
association,
partnership,
or
individual
engaged
in
the
business
3
of
insurance,
including
but
not
limited
to
a
corporation,
4
association,
partnership,
or
individual
that
issues
a
policy
5
of
workers’
compensation,
a
self-insured
business
for
purposes
6
of
workers’
compensation
liability,
or
a
group
or
self-insured
7
plan.
The
bill
specifically
excludes
a
person
required
to
be
8
licensed
to
sell,
solicit,
or
negotiate
insurance
pursuant
to
9
Code
chapter
522B
from
the
definition.
10
Code
section
507E.8
(law
enforcement
authority)
is
amended
11
by
the
bill
to
specify
that
an
individual
who
is
employed
by
12
the
insurance
division
and
is
designated
as
a
peace
officer
13
shall
be
considered
a
law
enforcement
officer
and
shall
14
exercise
the
powers
of
a
law
enforcement
officer
as
detailed
15
in
the
bill.
16
The
bill
amends
Code
section
508E.3
(license
requirements)to
17
change
the
application
and
renewal
fees
for
a
viatical
18
settlement
provider
and
a
viatical
settlement
broker
from
$100
19
to
an
amount
established
by
the
administrator.
20
Code
section
509A.15
(certification
of
self-insurance
plans
21
——
exemption)
is
amended
to
change
the
filing
fee
for
the
end
22
of
fiscal
year
filing
of
a
governing
body
of
a
self-insurance
23
plan
of
a
political
subdivision
or
a
school
corporation
from
24
$100
to
an
amount
established
by
the
commissioner.
The
current
25
$15
per
day
penalty
for
late
filings
is
changed
to
a
late
fee
26
established
by
the
commissioner.
27
The
bill
makes
conforming
changes
to
Code
section
510.21
28
(certificate
of
registration)
and
also
requires
that
an
29
application
for
registration
as
a
third-party
administrator
be
30
accompanied
by
a
filing
fee
as
established
by
the
commissioner.
31
Current
law
does
not
require
submission
of
a
filing
fee.
32
The
bill
strikes
and
replaces
Code
section
510.23
(unfair
33
competition
or
unfair
and
deceptive
acts
or
practices
34
prohibited)
and
makes
third-party
administrators
that
violate
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Code
chapter
507B
or
510
subject
to
the
sanctions
and
penalties
1
set
out
in
Code
section
507B.7.
Third-party
administrators
are
2
subject
to
Code
chapter
507B
under
current
law.
3
Code
section
511.24
(fees
from
domestic
and
foreign
4
companies)
is
amended
to
change
specific
dollar
amounts
for
5
certain
filing
fees
for
foreign
or
domestic
life
insurance
6
companies
to
fee
amounts
determined
by
the
commissioner.
7
The
bill
makes
conforming
changes
to
Code
section
512B.24
8
(reports)
and
requires
that
the
annual
filing
by
fraternal
9
benefit
societies
be
accompanied
by
a
fee
established
by
the
10
commissioner,
rather
than
$50
as
required
by
current
law.
11
The
bill
makes
conforming
changes
to
Code
section
512B.25
12
(annual
license
——
renewal)
and
requires
that
for
each
license
13
or
renewal
application
a
fraternal
benefit
society
submit
a
fee
14
established
by
the
commissioner,
rather
than
$50
as
required
by
15
current
law.
The
bill
also
changes
the
current
administrative
16
penalty
of
$500
for
a
late
renewal
filing
to
a
late
fee
as
17
established
by
the
commissioner.
18
The
bill
makes
conforming
changes
to
Code
chapter
514G
19
(long-term
care
insurance)
and
amends
the
Code
chapter
20
to
change
the
terminology
throughout
the
Code
chapter
21
from
“independent
review
entity”
to
“independent
review
22
organization”.
23
Code
chapter
515.147
(fees)
is
amended
to
change
filing
24
fees
for
certain
filings
from
specific
dollar
amounts
to
fees
25
determined
by
the
commissioner.
The
bill
makes
conforming
26
changes
to
and
amends
Code
section
515A.10
to
provide
more
27
specific
requirements
related
to
licensing
requirements,
fees,
28
and
penalties
for
advisory
organizations.
29
The
bill
amends
Code
section
515F.8
(licensing
advisory
30
organizations)
to
require
licensing
advisory
organizations
31
to
submit
a
fee,
determined
by
the
commissioner,
with
their
32
application
for
a
license,
and
makes
the
license
effective
for
33
three
years,
rather
than
the
one
year
under
current
law.
34
Code
section
515F.32
is
amended
to
add
reciprocal
insurers
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to
the
definition
of
“insurer”.
Code
section
515F.36
is
1
amended
to
change
the
makeup
of
the
membership
of
the
governing
2
committee
that
administers
the
FAIR
plan.
The
bill
creates
a
3
new
requirement
that
if
basic
property
insurance
coverage
is
4
canceled
or
not
renewed
other
than
for
nonpayment
of
a
premium
5
pursuant
to
Code
section
515.125,
515.126,
515.127,
515.128,
6
518.23,
or
518A.29,
the
insurer
must
notify
the
named
insured
7
that
they
may
be
eligible
for
basic
property
insurance
through
8
the
FAIR
plan,
and
the
notice
must
accompany
the
notice
of
9
cancellation
or
the
intent
not
to
renew.
10
The
bill
amends
Code
section
515I.4
(requirements
for
11
eligible
surplus
lines
insurers)
to
allow
a
nonadmitted
12
insurer
seeking
to
qualify
as
an
eligible
surplus
line
insurer
13
the
option
of
demonstrating
that
the
nonadmitted
insurer
14
has
capital
and
surplus
under
the
laws
of
the
nonadmitted
15
insurer’s
domiciliary
that
equal
the
risk-based
capital
level
16
requirements
required
by
Iowa
law.
Current
law
requires
the
17
nonadmitted
insurer
to
demonstrate
that
the
nonadmitted
insurer
18
has
capital
and
surplus
under
the
laws
of
the
nonadmitted
19
insurer’s
domiciliary
that
equal
the
greater
of
the
minimum
20
capital
and
surplus
required
under
the
laws
of
this
state,
or
21
$15
million.
22
Code
section
520.12
(certificate
of
authority
——
renewal
——
23
penalties)
is
amended
to
change
the
annual
renewal
fee
for
a
24
reciprocal
or
interinsurance
insurer
from
$500
to
be
submitted
25
to
the
treasurer
of
state,
to
an
administrative
fee
as
26
established
by
the
commissioner
to
be
paid
to
the
commissioner.
27
The
bill
amends
Code
section
521.18
(articles
of
merger
28
or
consolidation)
to
change
the
fee
for
specific
companies
29
to
file
a
plan
to
merge
or
consolidate
from
$50
to
an
amount
30
established
by
the
commissioner.
31
Code
section
522.9
(penalties)
is
amended
to
allow
the
32
commissioner
to
deposit
penalties
that
have
been
collected
due
33
to
insurers’
failure
to
file
a
timely
own
risk
and
solvency
34
assessment
summary
report
pursuant
to
Code
section
505.7.
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Current
law
requires
the
commissioner
to
deposit
the
penalties
1
into
the
general
fund
of
the
state.
2
Code
section
522A.5
(counter
employee
——
license
fee)
is
3
amended
to
change
the
license
fee
for
a
counter
employee
from
4
$50
to
an
amount
established
by
the
commissioner,
and
removes
5
the
cap
of
$1,000
per
calendar
year
for
all
combined
fees
paid
6
by
any
one
rental
company.
7
The
bill
amends
Code
section
522B.5
(application
for
8
license)
to
change
the
application
fee
for
a
resident
insurance
9
producer
license
from
$50
to
an
amount
established
by
the
10
commissioner.
11
Code
section
522E.4
(application
and
fees)
is
amended
to
12
change
the
application
fee
for
a
portable
electronics
insurance
13
license
from
a
variable
dollar
amount
to
an
amount
established
14
by
the
commissioner.
The
bill
also
removes
the
$5,000
cap
15
on
the
total
application
fees
that
can
be
charged
for
the
16
licensure
of
a
portable
electronics
vendor
with
multiple
17
locations.
18
The
bill
makes
conforming
changes
to
Code
sections
508E.2
19
(definitions),
509.1(9)
(form
of
policy),
509.19(2)
(claims
20
and
premium
disclosures),
515A.2
(definitions),
515A.6
21
(rating
organizations),
515A.10
(advisory
organizations),
22
515D.4
(notice
of
cancellation
——
reasons),
515D.5
(delivery
23
of
notice),
515D.6
(prohibited
reasons),
515D.7
(notice
of
24
intent),
515D.10
(hearing
before
commissioner),
and
515F.2
25
(definitions).
26
DIVISION
III
——
CEMETERY
AND
FUNERAL
MERCHANDISE
AND
FUNERAL
27
SALES.
The
bill
amends
Code
section
523A.204
(preneed
seller
28
annual
reporting
requirements)
to
require
preneed
sellers
to
29
file
an
annual
report
by
April
15
rather
than
the
current
date
30
of
April
1.
The
bill
changes
the
filing
fee
for
the
report
31
from
$10
to
an
amount
established
by
the
commissioner.
The
32
bill
allows
the
commissioner
to
impose
a
late
fee
for
each
33
day
the
report
is
late,
up
to
a
maximum
of
$500.
The
fee
is
34
to
be
collected
by
the
commissioner
and
deposited
pursuant
to
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Code
section
505.7.
Code
section
523A.501
(preneed
sellers
——
1
licenses)
is
amended
to
specify
that
preneed
sellers’
licenses
2
expire
annually
on
April
30,
rather
than
the
current
expiration
3
date
of
April
15.
The
bill
changes
the
filing
fee
for
a
4
multijurisdictional
preneed
seller’s
license
that
is
issued
by
5
another
jurisdiction
from
$50
to
an
amount
established
by
the
6
commissioner.
7
The
bill
amends
Code
section
523A.502
(sales
agents
——
8
licenses)
to
specify
that
sales
agents’
licenses
expire
9
annually
on
April
30,
rather
than
the
current
expiration
date
10
of
April
15,
and
an
agent
must
have
fulfilled
continuing
11
education
requirements
to
qualify
for
renewal.
Code
section
12
523A.502A
(sales
agent
annual
reporting
requirements)
is
13
amended
to
require
sales
agents
to
file
an
annual
report
by
14
April
15,
rather
than
the
current
date
of
April
1.
The
bill
15
allows
the
commissioner
to
impose
a
late
fee
for
each
day
that
16
the
annual
report
is
late,
up
to
a
maximum
of
$500.
The
fee
is
17
to
be
collected
by
the
commissioner
and
deposited
pursuant
to
18
Code
section
505.7.
19
The
bill
strikes
and
replaces
Code
section
523A.601
20
(disclosures)
and
requires
that
all
purchase
agreements,
21
including
those
delivered
or
executed
by
electronic
means,
22
identify
a
sales
agent.
Purchase
agreements
must
also
be
23
reviewed
by
the
sales
agent
and
signed
by
the
purchaser
and
24
seller.
If
a
purchase
agreement
is
for
mortuary
science
25
services,
the
purchase
agreement
must
also
be
signed
by
a
26
person
licensed
to
deliver
funeral
services.
27
The
bill
amends
Code
section
523A.812
(insurance
division
28
regulatory
fund)
to
allocate
an
amount
established
by
the
29
commissioner
to
the
regulatory
fund
from
the
filing
fees
for
30
each
purchase
agreement
reported
on
a
preneed
seller’s
annual
31
report.
Current
law
requires
the
commissioner
to
allocate
32
$2
from
each
filing
fee
to
the
regulatory
fund.
The
bill
33
also
removes
the
prohibition
on
an
annual
allocation
to
the
34
regulatory
fund
if
the
current
balance
exceeds
$500,000.
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Code
section
523A.814
(examination
fee)
is
amended
to
change
1
the
examination
fee
for
a
seller’s
annual
report
from
$5,
2
or
other
set
dollar
amount,
to
an
amount
established
by
the
3
commissioner.
4
The
bill
makes
conforming
changes
to
Code
section
523A.807
5
(prosecutions
for
violations
of
law).
6
DIVISION
IV
——
RESIDENTIAL
AND
MOTOR
VEHICLE
SERVICE
7
CONTRACTS.
Code
section
523C.3
(application
for
license)
8
is
amended
to
change
the
$500
fee
for
an
application
for
9
a
service
company
license
to
a
fee
established
by
the
10
commissioner.
The
current
fee
of
$50
for
each
motor
vehicle
11
service
contract
form
submitted
with
an
application
is
also
12
changed
to
a
fee
as
established
by
the
commissioner.
Code
13
section
523C.4
(license
expiration
and
renewal)
is
amended
to
14
change
the
license
renewal
fee
of
$500
to
a
fee
established
15
by
the
commissioner.
The
bill
amends
the
fee,
based
on
the
16
aggregate
amount
of
payments
a
licensee
received
for
the
sale
17
or
issuance
of
residential
service
contracts
in
this
state
18
during
the
preceding
fiscal
year,
from
3
percent
per
contract
19
to
a
percentage
established
by
the
commissioner
by
rule,
and
20
also
removes
the
minimum
and
maximum
dollar
amount
of
fees
21
that
a
licensee
is
required
to
submit.
In
addition,
the
bill
22
amends
the
fee
for
each
motor
vehicle
service
contract
form
23
submitted
with
an
application
from
$50
to
a
fee
established
by
24
the
commissioner.
25
Code
section
523C.24
(service
company
oversight
fund)
is
26
amended
to
allow
the
commissioner
to
establish
the
amount
27
deposited
in
the
service
company
oversight
fund
from
all
28
licensing,
examination,
renewal,
and
inspection
fees
collected
29
under
Code
chapter
523C.
The
bill
also
removes
the
current
30
$500,000
maximum
cap
on
fees
that
may
be
deposited
in
the
fund
31
each
fiscal
year.
32
DIVISION
V
——
RETIREMENT
FACILITIES.
Code
section
523D.2A
33
is
amended
to
change
the
administrative
fee
submitted
by
a
34
provider
with
its
certification
filing
from
$100
to
an
amount
35
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H.F.
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established
by
the
commissioner.
1
DIVISION
VI
——
IOWA
CEMETERY
ACT.
Code
section
523I.102
2
(definitions)
is
amended
to
exclude
specific
cemeteries,
under
3
the
jurisdiction
and
control
of
a
cemetery
commission
that
4
has
jurisdiction
and
control
over
pioneer
cemeteries,
from
5
the
definition
of
“cemetery”
for
purposes
of
Code
chapter
6
523I.
Code
section
523I.213
(insurance
division’s
enforcement
7
fund)
is
amended
to
remove
the
cap
on
the
allocation
to
the
8
insurance
division’s
enforcement
fund
of
examination
fees
paid
9
by
perpetual
cemeteries
with
their
annual
report.
The
bill
10
requires
the
commissioner
to
deposit
all
of
the
examination
11
fees
in
the
enforcement
fund.
12
Code
section
523I.301
(disclosure
requirements
——
prices
13
and
fees)
is
amended
to
require
cemeteries
to
disclose,
prior
14
to
the
sale
of
interment
rights,
whether
opening
and
closing
15
services
are
included
in
the
purchase
price.
The
bill
also
16
requires
cemeteries
to
disclose
all
fees
associated
with
17
disinterment
services.
18
Code
section
523I.309
(interment,
relocation,
or
19
disinterment
of
remains)
is
amended
to
require
cemeteries
20
to
disinter
and
relocate
remains
interred
in
a
cemetery
for
21
the
purpose
of
correcting
an
error
made
by
the
cemetery,
22
unless
the
interested
parties
have
a
written
agreement
23
directing
otherwise.
The
cemetery
must
bear
all
costs
of
24
the
disinterment
and
relocation.
Current
law
permits,
but
25
does
not
require,
a
cemetery
to
disinter
and
relocate
such
26
remains,
and
the
cemetery
is
not
required
to
bear
the
cost
of
27
disinterment
and
relocation.
The
bill
also
allows
cemeteries
28
to
be
held
civilly
and
criminally
liable
for
erroneously
made
29
interments.
Current
law
exempts
cemeteries
from
civil
and
30
criminal
liability
for
erroneously
made
interments.
31
The
bill
amends
Code
section
523I.808
(examination
fee)
to
32
require
an
examination
fee,
established
by
the
commissioner,
33
for
each
certificate
of
interment
rights
issued
during
the
34
period
covered
by
a
perpetual
care
cemetery’s
annual
report.
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Under
current
law,
the
fee
is
$5
per
certificate.
1
The
bill
amends
Code
section
523I.813
(annual
report
by
2
perpetual
care
cemeteries)
to
allow,
rather
than
to
require,
3
the
commissioner
to
impose
a
late
penalty
on
a
perpetual
care
4
cemetery
that
fails
to
timely
file
its
annual
report.
5
DIVISION
VII
——
STATE
INNOVATION
WAIVER.
The
bill
6
authorizes
the
commissioner
to
develop
by
rule
a
state
7
innovation
waiver
(waiver)
pursuant
to
section
1332
of
the
8
federal
Patient
Protection
and
Affordable
Care
Act,
Pub.
L.
No.
9
111-148,
and
to
submit
an
application
on
behalf
of
the
state
10
to
the
United
States
secretary
of
health
and
human
services
11
and
the
United
States
secretary
of
the
treasury
(secretaries)
12
for
the
waiver.
If
a
waiver
is
approved
by
the
secretaries,
13
the
commissioner
is
authorized
to
implement
the
waiver
in
a
14
manner
consistent
with
applicable
state
and
federal
law.
The
15
bill
authorizes
the
commissioner
to
adopt
emergency
rules
16
to
implement
the
waiver
and
the
rules
are
to
be
effective
17
immediately
upon
filing
unless
a
later
date
is
specified
in
the
18
rules.
Any
rules
that
are
adopted
must
also
be
published
as
a
19
notice
of
intended
action.
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